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Home My WebLink About1999.0902.TCREMP.Packet o��N�r NOTICE OF REGULAR AND EXECUTIVE SESSION "'' OF THE a •uvm = 0 4• Esc is89 • 'wxbatis °� FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, SEPTEMBER 2, 1999 TIME: **6:00 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B **PLEASE NOTE EARLY START TIME RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG - Craig Popowicz,Kurt Wagner, Colton Washburn from Cub Scout troop 243- Den 2 • INVOCATION—Pastor Joel Bjerkestrand, Shepherd of the Hills LutlhKan Church. • ROLL CALL The Mayor will introduce representatives from Cox Communications who will give a presentation and update on thi cable company's current projects and plans for Fountain Hills. There will be an opportunity for comments am questions of a general nature from the Town Council and the public during this time. At 6:30 p.m., the Co: representatives will move to the conference room in Building C. Any citizen wishing to speak to the Cox personne regarding personal cable problems, concerns or questions is welcome to adjourn to Building C for that purpose lbw The regular meeting will proceed at 6:30 p.m. Town Council Meeting Agenda Regular Session September 2, 1999 Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of August 10th and 16th, 1999. *2.) Consideration of RESOLUTION 1999-44, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located within the property lines of Plat 412-A, Block 1, Lots 1 & 2 (FireRock Parcel G) as recorded in Book 158 of Maps, Page 20 and Plat 412-B, Block 2, Lots 1 & 2 (FireRock Parcel G) as recorded in Book 63 of Maps, Page 2 records of Maricopa County, Arizona(FireRock LLC) EA 99-19. *3.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Blue Chip Condominiums #33, located at 12011 North Fountain Hills Boulevard, Case Number S99-018. *4.) Consideration of the PRELIMINARY AND FINAL PLAT for the 8-unit Hacienda Vista Condominiums, located at 12609 North La Montana Drive, Case Number S99-023. *5.) Consideration of the FINAL REPLAT of Lots 19 & 20, Plat 423, Block 3, to create Lot 20A, a lot join project located at 16218 East Ocotillo Drive and 11608 Old Trail Court.,Case Number S99-021. *6.) Consideration of the FINAL REPLAT of Lots 6 & 7, Plat 302, Block 1, to create Lot 7A, a lot join project located at 11653 and 11645 North Saguaro Boulevard, Case Number S99-022. *7.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Enrico Cuomo for Mama's Pizza Cucina located at 16852 Parkview. The application is for a new Series 12 Restaurant liquor license. 8.) UPDATE ON THE LIBRARY MUSEUM PROJECT presented by architect Rob Dietz. 9.) UPDATE BY THE SANITARY DISTRICT on effluent issues directly affecting the future development of the Community Center and Library/Museum projects. 10.) Consideration of the SPECIAL EVENT REQUEST submitted by Christine Colley for the Southwest German Society, 16033 Primrose Drive, for a Family Oktoberfest scheduled for Friday (5:00 p.m. to 10:00 p.m.), Saturday (11:00 a.m. to 10:00 p.m.), and Sunday (11:00 a.m. to 6:00 p.m.), October 1, 2 and 3, 1999. The event will occupy the west portion of Fountain Park and a section of Saguaro Boulevard between the Avenue of the Fountains and Parkview requiring a street closure. 11.) Consideration of the SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Christine Colley for the Southwest German Society, 16033 Primrose Drive. The group is applying for the license to have a fund raiser during the Oktoberfest activities scheduled for Friday, October 1 from 5:00 p.m. to 10:00 p.m.; Saturday, October 2 from 11:00 a.m. to 10:00 p.m.; and Sunday, October 3 from 11:00 a.m.to 6:00 p.m. 12.) PUBLIC HEARING on a SPECIAL USE PERMIT APPLICATION for a stealth wireless communications facility located at 16239 E. Ironwood Drive(First Assembly of God Church), Case Number SU99-03. 13.) Consideration of the SPECIAL USE PERMIT APPLICATION for a stealth wireless communications facility located at 16239 E. Ironwood Drive(First Assembly of God Church),Case Number SU99-03. Town of Fountain Hills Page 2 of 3 Last printed 09/01/99 1:54 PM Town Council Meeting Agenda Regular Session September 2, 1999 14.) PUBLIC HEARING on a SPECIAL USE PERMIT APPLICATION for a Group Home (Senior Living Center) in the "C-2" Commercial Zoning District, located in Town Center I, Lots 1 and 2, east of Fountain Lor Hills Boulevard and north of Avenida Vida Buena,Case Number SU99-04. 15.) Consideration of a SPECIAL USE PERMIT APPLICATION for a Group Home (Senior Living Center) in the "C-2" Commercial Zoning District, located in Town Center I, Lots 1 and 2, east of Fountain Hills Boulevard and north of Avenida Vida Buena, Case Number SU99-04. 16.) Consideration of a CUT AND FILL WAIVER for Town Center I, Lots 1 and 2, for cuts up to 19 feet and fills up to 19.5 feet, located east of Fountain Hills Boulevard and north of Avenida Vida Buena, Case Number CFW99-05. 17.) PUBLIC HEARING on an amendment to the Zoning Ordinance for the Town of Fountain Hills that would allow duplex-zoned lots to utilize land disturbance by the "four times the footprint" rule, Case Number Z99- 17. 18.) Consideration of ORDINANCE 99-25 amending the Zoning Ordinance for the Town of Fountain Hills to allow duplex-zoned lots to utilize land disturbance by the "four times the footprint" rule, Case Number Z99- 17. 19.) Consideration of PETITION to modify the traffic flow on Blackbird Drive between Glenbrook Boulevard and Boulder Drive by installing a 30-day test closure at Boulder Drive. 20.) Consideration of RESOLUTION 1999-45, abandoning 913.94 square feet of Hillside Protection Easement and dedicating 2,377.47 square feet of Hillside Protection Easement on Lot 26, Fountain Hills Final Plat 515 Amended, located west of SunRidge Canyon Drive and south of Golden Eagle Boulevard,Case#HPE99-01. Liv 21.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 22.) Pursuant to A.R.S. §38-431.03.A.3., A.R.S. §38-431.03.A.4., A.R.S. §38-431.03.A.7., and § A.R.S. 38- 431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation for legal advice with the attorney of the public body; AND discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase of lease of real property; AND for discussion or consideration of employment, assignment, appointment, promotion, demotion,dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting,respectively. 23.) RETURN TO REGULAR SESSION AND ADJOURNMENT. DATED this 31st day of August, 1999. By: Cassie B. Hansen,Town Clerk ititse The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1- 800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 3 of 3 Last printed 09/01/99 1:54 PM MEMORANDUM TO: THE HONORABLE MAYOR AND TO OUN L FROM: PAUL L. NORDIN, TOWN MANAGER DATE: AUGUST 27, 1999 RE: MANAGER'S REPORT FOR THE SEPTEMBER 2nd COUNCIL MEETING Reminder: The meeting will begin at 6:00 p.m. in Council Chambers. Steve Wright, Government Affairs Manager, and Don Civaliere, Director of Network Operations from Cox Communications, will present an update on their current local projects. A question and answer period involving the Council and the public will follow. At 6:30 p.m., our regular Town Council meeting will proceed. Cox Communications will then move to the Building C Conference Room to allow additional citizens the opportunity to speak with the representatives. There are three public hearings on this agenda. An Executive Session with our legal counsel will follow this council meeting. CONSENT AGENDA: There are seven items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM#8 - UPDATE ON THE LIBRARY MUSEUM PROJECT: Rob Dietz will discuss the progress of the Library/Museum project. See Cassie's enclosed memo. AGENDA ITEM#9 - UPDATE FROM THE SANITARY DISTRICT: The Fountain Hills Sanitary District Board will present an update of the current effluent issues affecting the future development of the Community Center and Library/Museum projects. Please refer to Cassie's enclosed report. AGENDA ITEM# 10 & # 11 - OKTOBERFEST SPECIAL EVENT REQUEST/ LIQUOR LICENSE: Please see the enclosed documentation from Cassie. L Town Manager's Report September 2,1999 Council Meeting Page 1 of 2 AGENDA ITEM# 12 & # 13 - PUBLIC HEARING/SPECIAL USE PERMIT/ STEALTH WIRELESS FACILITY ON IRONWOOD: A public hearing is scheduled to gather input regarding a proposed stealth wireless flagpole to be located at the First Assembly of God at 16239 E. Ironwood Drive. The Planning and Zoning Commission unanimously recommended denial of this request on August 12th. Please refer to Geir's report. AGENDA ITEMS# 14,# 15 & # 16 - PUBLIC HEARING/SPECIAL USE PERMIT/ CUT AND FILL WAIVER/SENIOR LIVING CENTER: A public hearing is on the agenda to receive comments regarding the application for a senior living project to be constructed in the C-2 zoning district of Town Center I. After the hearing, Council will consider the special use permit and the cut and fill waiver pertaining to the project. The Planning and Zoning Commission unanimously recommended approval. Please see Geir's report. AGENDA ITEM# 17 &# 18 - PUBLIC HEARING/ORDINANCE 99-25/ MODIFY FOUR TIMES THE FOOTPRINT RULE: It was brought to staffs attention by a P&Z member that this text amendment required one modification. This was to add the word, "non-" before the word duplex in paragraph 2. Staff has recommended approval and the modification was initiated by the Planning and Zoning Commission at the July 8th meeting. Refer to Geir's enclosed memo. AGENDA ITEM# 19 - CONSIDERATION TO MODIFY TRAFFIC FLOW: Residents on Blackbird Drive obtained a petition with the required signatures for consideration of a 30-day test street closure on Boulder Drive. Their complaint relates to speeding traffic on Blackbird Drive. The Fire Department has no objections to the test closure, and requested that an access device be installed for their use. Randy's report is attached. AGENDA ITEM#20 - ABANDONMENT AND DEDICATION OF HPE: The property owners of 16208 N. SunRidge Drive have requested to construct a retaining wall within eight feet of the current Hillside Protection Easement to contain a proposed swimming pool, requiring an abandonment. Please see Jeff s memo. L Manager's Report September 2, 1999 Council Meeting Page 2 of 2 Interoffice Memo ‘44,„ To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLER Date: 08/27/99 Re: AGENDA ITEM #7- MAMA'S PIZZA CUCINA LIQUOR LICENSE AGENDA ITEM #8- LIBRARY/MUSEUM UPDATE AGENDA ITEM #9- SANITARY DISTRICT UPDATE AGENDA ITEM #10-OKTOBERFEST SPECIAL EVENT AGENDA ITEM #11 -OKTOBERFEST LIQUOR LICENSE AGENDA ITEM #7- MAMA'S PIZZA CUCINA LIQUOR LICENSE Enrico Cuomo has applied for a Series 12 Restaurant liquor license for the Mama's Pizza Cucina restaurant located at 16852 East Parkview Avenue. Marshal Gendler has performed his investigation and reports that the statutory requirements necessary to secure the license have been'satisfied. The premise has been posted for the statutory twenty-day period during which time no written arguments for or against the application have been received at Town Hall. Staff recommends approval. AGENDA ITEM #8- LIBRARY/MUSEUM UPDATE The Library/Museum Advisory Commission, LMAC, has had a busy summer, meeting five times in their efforts,to design the facility by November 1. They have achieved a number of goals and felt that Itrzitimg to provide the Council with an update of the process and progress to date. The Commission has a meeting scheduled` on September 1 to review the consolidated floor plan, elevations, and associated cost estimates that will be presented to the Council Thursday night. The Fountain Hills Historical Society has utilized the services of Don Ryden, an architect that specializes in museum design and theming. Mr. Ryden has coordinated his efforts with the Town's architect,`Rob Dietz, supplying a footprint for the museum that could easily be "attached" to the library portion of the building. Mr. Dietz has worked closely with the library constituents on the Commission to design a functional facility suited to the needs of the growing community. "Wish lists" of both groups became "need lists" as Mr. Dietz continually emphasized "the budget" during the design process. Earlier in the summer, the LMAC had a joint meeting with the Community Center Advisory Commission to discuss issues of mutual interest such as parking, landscaping and the center courtyard. The courtyard was identified as a separate"fourth"amenity of the complex. Although it Page 1 of 3 Staff Report for 9/2/99 Meeting Last printed 08/27/99 3:54 PM August 27, 1999 has the potential of greatly enhancing the overall project, it currently has no funding in either the library/museum or community center budget. Mr. Dietz suggested forming a separate committee consisting of representatives from the LMAC, the CCAC, the Arts Council and staff to address the design and financing for the courtyard. The Community Center and the Library/Museum can open their doors and be fully operational without a completed courtyard. If the Council favors such a concept, design and planning of the courtyard could begin this fall, while implementation and budget appropriation could be phased in over a period of time. Rob will have some hand out materials at Thursday's meeting after the Commission has had a chance to review the items at their Wednesday meeting. AGENDA ITEM #9—SANITARY DISTRICT UPDATE Development of the Community Center and Library/Museum site is closely linked to the effluent issues being dealt with by the Sanitary District. Although the Town and the Sanitary District worked together to transfer the effluent disposal responsibility from the Community Center site to Plat 302, questions have arisen regarding the detrimental impact of removing the 208 site from the water balance. The architect is on schedule to go out to bid on the two projects 1 November. Since the Town's capital projects and the Sanitary District's effluent efforts are interdependent to some degree, staff felt it would be helpful to have periodic updates from the District. The District Board discussed this issue at their last meeting and agreed to give monthly reports to the Council over the next six to eight months. The update will be provided by District Manager Ron Huber or Vice Chairman Bruce Hansen. AGENDA ITEM #10—OKTOBERFEST SPECIAL EVENT REQUEST Christine Colley has submitted a special event request on behalf of the Southwest German Society for a"Family Oktoberfest". The schedule for the event is as follows: Friday, October 1 5:00 p.m. to 10:00 p.m. Saturday, October 2 11:00 a.m. to 10:00 p.m. Sunday, October 3 11:00 a.m. to 6:00 p.m. The three-day event will include a large tent with tables, chairs and a stage; bands and entertainment; water game area for children; rides and skill games for children; food and beer vendors; Mercedes Benz display; and classic V.W. show. The majority of activities will take place in the west end of Fountain Park (please see enclosed map). A permit has been received from the 208 Property Owners Association for parking. The portion of Saguaro between the Avenue of the Fountains and Parkview will be closed to provide safe pedestrian access between the parking area and the park. The car displays will be set up on the closed portion of Saguaro. Saguaro will not be closed until 5:00 p.m. on Friday to avoid disruption of traffic during business hours on that day. Barricades will be placed on Saguaro allowing full access to the Avenue of the Fountains from the south in an attempt to diminish disruption to the businesses on the Avenue on Saturday. Light towers will be strategically placed in the park to provide attendees safe passage in the park after dark. At Council request, this item and the related special event liquor license application were not placed on the consent agenda. Following last year's event, there were a number of concerns regarding the inadequate fencing, security and liquor handling. Staff organized a meeting with the event 2 August 27, 1999 organizers, Parks and Recreation personnel, the Marshal, the Fire Marshal, Street Superintendent and the Posse. Marshal Gendler reviewed a memo that he had written after last year's event that outlined the more serious infractions that dealt with liquor license violations. He assured them that undercover agents from the State Liquor Department would be at the event and if similar infractions occurred, the event would be closed down. The German Club has hired an event organizer this year in an attempt to insure that all aspects of the event would be done to the Town's and the State's specifications. The organizer, Mr. Raymond Keller, assured staff that the organizers are taking this event very seriously this year. Chain link fencing will enclose the entire event with only one entry point for participants. An emergency entrance, secured by a knock-lock, will be provided at the direction of the Fire Marshal. Additional Posse personnel and security staff will be at the main entrance and in the area where beer is served. A revised bracelet system will insure that minors do not have access to alcoholic beverages. The Fire Marshal will be contacted to inspect the tent and all rides that are electrically powered. Names of contact people have been provided to insure direct communication between Town staff and event organizers so that any problems can be dealt with immediately. Organizers will also be renting radios and supplying them to their staff, the Posse and Marshals. A signage plan has been submitted indicating the placement of all event and directional signage. At Pat Harvey's request, signage directing truck traffic to El Lago will alleviate truck traffic on the Avenue. At the Fire Marshal's request, signs will be provided for the fire lane. There will be NO vehicular traffic allowed in the park except during set up. Golf courts will be used to transport attendees from the handicapped parking lot at the south end of the park. Park personnel will assist in dust control in the event area. A certificate of insurance naming the Town as an additional insured will be purchased in mid-September. ktiffe The organizers are fully aware of the local and state requirements regarding all aspects of their event. They have agreed to all the stipulations and requirements associated with the event and have been earnest in the attempt to rectify the problems that occurred last year. If any of the requirements are not met or if any violations occur, the Marshal will not hesitate to take appropriate action. After extensive review and planning, staff is relatively certain that all issues have been addressed. Staff recommends approval with all stipulations and recommendations as outlined in this report. AGENDA ITEM #11—OKTOBERFEST LIQUOR LICENSE APPLICATION This application is directly related to the event described in the previous item. All physical aspects and legal requirements of the application were previously outlined and discussed. The special event liquor license does stipulate that at least 25% of the gross revenues must go to the organization applying for the license. The application shows that 100% of the revenues will go to the Southwest German Society. Based on all of the provisions previously outlined regarding this application, staff recommends approval. 3 MEMORANDUM L TO: Honorable Mayor and Town Council FROM: Art Candelaria, Engineer/Pla Re iew r REVIEWED: R• • Pp , ► r y L. Harrel, own Engineer THROUGH: Pp . ',Town Manager DATE: August 7, 1999 RE: Ease ent Abandonment 99-19; Resolution 1999-44 Plat 412-A, Block 1, Lots 1 &2 and Plat 412-B, Block 2, Lots 1 & 2 Parcel G This item on the Town Council's agenda is a proposal to abandon all of the twenty-(20) foot public utility and drainage easements located within the property lines of Lots 1 & 2, Block 1, Plat 412-A, and located within the property lines of Lots 1 &2, Block 2, Plat 412-B. These lots are located within the recently platted Parcel "G" of FireRock Country Club Subdivision and the Town has obtained all necessary drainage and public utility easements within Parcel "G". FireRock Country Club has requested this abandonment to clean up the existing easements which are not needed nor appropriate for the newly platted lots. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1999-44. cc: Dan Kelly Lir G:\Easement Memo\EA99-19 FireRock Parcel G,Plat 412A,Lots 10-13&412B,Lots 4-11&15,16.doc When recorded, return to: engineering Department wn of Fountain Hills .0. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-44 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS WITHIN LOTS 1 &2, BLOCK 1, OF PLAT 412-A, AS RECORDED IN BOOK 158 OF MAPS, PAGE 20 AND LOCATED WITHIN LOTS 1 &2, BLOCK 2, PLAT 412-B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 163 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1, That the certain twenty-(20)foot public utility and drainage easements, located as shown in Exhibit"A"; within Lots 1 &2, Block 1 of Plat 412-A as recorded in book 158 of maps, page 20 and located within Lots 1 &2, Block 2, Lot Plat 412-B, Fountain Hills, Arizona; as recorded in book 163 of maps, page 2 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting therefrom or existing previous to any action by the Town. Resolution 1999-44 -ASS/,AIL 7 ---likko - Page 1 of 2 e S N SECOND s COUNT — PASSED AND ADOPTED this 2nd day of September 1999. LATTEST: FOR THE TOWN OF FOUNTAIN HILLS C1/14-4.A__ )2ilvvv4(..) lfyeed/i ,-. Cassie B. Hansen, Town Clerk / haron Morgan, Mayor REV WED BY: APPROVED AS TO FORM: f- -/f/(/ a/i?-- -_____- 7/-X -'' (-:`',, -,-) ,-5i- 4 e-, L:_a ' Paul L. ordin, Town Manager William E. Farrell, Town Attorney iitiv Resolution 1999-44 otily Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 412A BLOCK 1 LOTS 1 & 2 4 t\ PLAT 412A �\ \ BOOK 158 PAGE 20 \ ABANDON 20' PUBLIC , X. UTILITY & DR.INAGE EASEMENT ,�,tt�`A d l D' �1.\fig `,k� :f . �e�E� _ ' , ,, /11-43.�, �9 s�, DRIVE / ' .5f60, i i A L 83'37'14' I cf) ye c. R=20.00 a 1Ve"- a LOT •1 L=29.19' r XI D 1 N V co a a PARCEL 412A .o J Cn --to j BLOCK 1 0 It?) rj � 1 1 tor40 13911 3\452: �130 r` Iz. o v` '- i. co fl LOT 2 A 'y 0 o VI --f` t} ABANDON 20' PUBLIC ``,I �g9. lab UTILITY & DRAINAGE I 35 0 EASEMENT /A \ i Ic., O` t 6 PARCEL 412E f�' ��'`.4 ,,T BLOCK 2 i, SCALE: 1 =100 � ' "` DATE: 8-25-99 4'.. ,,z,,n d ..,. /► TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 412B BLOCK 2 LOTS 1 & 2 PLAT 412E BOOK 163 PAGE 2 IIIIIII 20' PUBUC PARCEL 412A S DRAI NAB 1 BLOCK 1 i P EASEMENT 1 �'E.' -" 1 1 0 ABANDON 20' pi` ,�• P•'CEL 412A 1 PUBUC UTIJTY o;p ‘`': 1 & DRAINAGE ,Pp` BLOCK 3 PUc unABANDON utt EASEMENT ,gip' 2 &D EN GE \ LOT 1 ' .•- EAL:-4pp, \ Li `�t ,',,;'s R�440.00' P S g y,. $% L-153 20' 0 _ I ` , �� `,` / ai ,,,; `tt� $ 0,0,...' LOT 2 • `,,�� . /// til% / k 0.,0 PARCE3. 4128 % , / \ BLOCK 2 0 474) / ' .0:' 0 / / _` _ A ABANDON TO' 1�, tie / gg PueucNrY GE `,�� / 3 \g, EASEMENT ,,,�� // ABANDON 20' \y ,,,r,�l0. / 4 PUBUc unurY 10. / & DRAINAGE •) ,1, ', / EASEMENT 'St �� / / `,, ' e)P51'39' R1460.00' / L.143.40' Lie 6 . I5afl5 o t.,,, R. 1.. - tll:({Fits, . 1 SCALE: 1"=200' e �� `cj}nd. DATE: 8-25-99 �` -:.n. v+� t TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: August 27, 1999 SUBJECT: Preliminary& Final Plat for"Blue Chip Condominiums Unit 33" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Properties of Pacific Southwest L.L.C., that would condominiumize two-units located at 12011 N. Fountain Hills Blvd., aka Lot 9, Block 8, Final Plat 206. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT SEPTEMBER 2, 1999 CASE NO: S99-018 LOCATION: 12011 N. Fountain Hills Blvd., aka Lot 9, Block 8, Final Plat 206. REQUEST: Consider the Preliminary and Final Plat for " Blue Chip Condominiums Unit 33", a 2-unit condominium project. DESCRIPTION: OWNER: Ed Oliva APPLICANT: Properties of Pacific Southwest L.L.C. EXISTING ZONING: "R-2" EXISTING CONDITION: Under construction LOT SIZE: 11,137 square feet(0.26 acres) SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Single-family; zoned "R-2" EAST: Vacant; zoned "R-2" WEST: Single Family; zoned "R1-35" SUMMARY: This request is for approval of the Preliminary and Final Plat "Blue Chip Condominiums Unit 33" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Ed Oliva, has chosen to convert a two-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,710 square feet, a minimum livable area of 1,710 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit, 99-402, on April 5, 1999 and received his permit to build on May 26, 1999. RECOMMENDATION: The Planning and Zoning Commission recommend approval of the Preliminary Plat and staff recommends approval of S99-018; Final Plat"Blue Chip Condominiums Unit 33". L , • JN 4t. , f ii ‘ t. TOWN OF FOUNTAIN HILLS L "f. `� COMMUNITY DEVELOPMENT DEPARTMENT x r iti., MINI NO PP Avo `, !: : -t Date Filed 6/2 3/9 Fee Paid Accepted Condominium Name UVW- Piab Olitin 00ADINO6UVVV. 33 Condominium Mel cldre's{s kL th l n th a A ' Legal Description of Lot/Parcel Being Platted Plat T La Block Lot(s) 9 Parcel Size 11 ,137 Number of Units Number of Tracts i Zoning n General Plan Land Use Designation I� Density Requested(D,Ilinq Units Pe5Acr ) �� Applicar % 7oio rC L - iC Q.(- c.u-I-hv )eM Address City ST Zip l 1P839 A ut 0V d -IS Fi'l+ 11s I61/47— 85 X,g Owner Day Phone Ea 3u 'Io 4i -ID 0 Address City ST Zip 1(og30 AvenC 44tz FuIka.1n13 :+ 4 I5 Az 344 Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. Subscri and sworn bef a this day of ,JL'he--- , 1997. PL�l'b _ -1- ,. OFFICq�@�bmmi�sion ExpiresAI(6 2, 2UX Notar�l ubIiC L18A M.KERN 7 l � Not1Iry Pub&•Stab of MiY MARICOPA COUNTY ' s.,,s My uomm..xp4m.Aug.2,2000 T V " (Seal) TFH Case Number 1/41°Fee Schedule Attached 399- 0r r. FR > PI} ! E. z Or - ill a i � > g iI O C Cr y W II • fie f i ; — _ ix� m > g; O z 'b illiiii° - - --.� gml . B. -3 �f Ifr ' r,R N c W 119 cS- � _€Eit _ iw/ /., g— z'✓i3i3 S a v o-& s m a (- p6 1 rEfrr I 6L`T 1 > 'y=" lhl.lc—�,��• 1 * AA T y fit . 1 hoc if ,;,E i VIS ri I I 5 r ",-. _ r f ! '" 1 A ' -3)11 — .4 7.11 \ if ^1? Z _ 2 ^ 1 B s I 0 -i 1 g`II - 1 AN IN qq F•� pRRegrA Ap V ESN pp�E{C64E EW ia' 41 1 " m J I [[}e 919 • t ;Alit 1x €' q �. 115 - �00'S a i"�, � xIX;�a�G��, 11 "�` cam. V-. S 'iO�" i 3 " Y b 1 i a p 1 P V In I. $11 a 11' ! ___,A ap a a �g =A1 X gR i s x 1 i ''i ex I ,:iii�9 �' q es, _ - $� 1t iI kiwi 1.1 r. e ,N1 A .< Z�6 Ti:i !R � co -r , ilin . 09 Lz ryy m 'S�i' •u' 2 II il 3 a : I �,,.P�,/ • two a 5p a - i __ •* 7vcx a iI!III! R^ $ 8 E - III s 4Qg 4. g• Pt ' cgg I a� x� x x®alilg" toIga 1;6g1 F �a(EA�R 1114120 xpi 2 j 5 ■$_ [4 `i � '� $ at ,;i Ef $ i : p ! €11:9 F gq 41 *.. !� s i 1 qR� � �ibx tI ;s11l 41 11141- xIII 1111 A 191"ig i, E I■$ aaa$1 s' iq gle-ei 1,- 1 4.4 a xe 5 � i h i��"xr p a ; q a a „5fvi !iIi g 11 3# °# v Jfv/, Nei 11 : sio doi 14 Os- Ali xa Si : i 111 cv al BLUECHIP CONDOMINIUMS UNIT 33 a....KSMMRN/TJ ."3-I9-99 MONTGOMERY ENGREERNG 1 MANAGEMENT,LLC. — PLAT 206, BLOCK 8, LOT 9 ...o..0R,1 Amer,.99012 16766 E.PARKNER ACE..SUITE 201 .....c,CI Of 2 AS NOTED FOUNTAIN HILLS,ARIZONA 85268 2011 N FOUNTAIN HILLS BOULEVARD (602)637-I8I5 ro.637-666e An GAR a CISMIO, n S 59 --6/11 pr • • t. a En c-) CO c) < 72' 42' 42' n 1 o tT a07 C • v N C - z �� Z Z D1 _� ,. -� 53 DI o a 21 U 12' B 13' 8 35.5' • t'l7 N 1 u 12 13' U z D2 �■ s . m 1 . 02 inithq VI CD n 42' I. CO c-) a is .i a•1 n 24.33' 24.33' 136' _ 19.33' L &00'2. 19.33' 10.25' 10.25'-I 1 9.00''1 9.00' �IIM lAUNSRY i NA11 3 EC CLOSET z A p= sTARs STAIRS "'I 0.33' 0.3}' >^ a D n> m 'c n8 1^8 / E, z OW � e.o~o 4.38 co c-) N V) � 1 D - m O —I CD9.00' Ai z p - I y SS' z z C m u cm'> D CD Z 3 O p e STARs -J O N.111T I > IaiO �, 0}' '. STARS sums CLOSET NALL m -78xiRY 3 AUl.r'r8 ^g $ m iA CDN p 4 10.25' 9.11' FIN S 00• > ^o '^g 8.1* 1�{9:R p� 319 ' 9.00' 4 ra ......) 10.25' IF 24.33' 9. CO 24.33' O (1.p;4§1. '..k c* = two , ti BLUECHIP CONDOMINIUMS UNIT 33 ^.4-..1J Mi.3-19-49 NONTGOMERY ENGINEERING&NANAGERIT,LL.C. — PLAT 206, BLOCK 8, LOT 9 °`°....°`" "°6 "9012 16766 E.RARNNEN ATE.,SUITE 201 sumo r. C2 OF 2 le. 1'•10' FOUNTAIN NRLS.ARIZONA 85268 — 12011 N. FOUNTAIN HILLS BOULEVARD corows;cT1oNs (602)837-1045 m.837-8668 �' 7` rn as I om.wa n TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: August 27, 1999 SUBJECT: Preliminary& Final Plat for"Hacienda Vista Condominiums Amended" Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Hillcrest Investments CTO that would condominiumize eight-units located at 12609 N. La Montana Dr., aka Lot 1, Block 1, Final Plat 207. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT SEPTEMBER 2, 1999 CASE NO: S99-023 LOCATION: 12609 North La Montana Drive, aka Lot 1, Block 1, Final Plat 207 Amended. REQUEST: Consider the Preliminary and Final Plat for "Hacienda Vista Condominiums", a 8-unit condominium project. DESCRIPTION: OWNER: Hacienda Vista LLC APPLICANT: Hillcrest Investments CTO EXISTING ZONING: "R-4" EXISTING CONDITION: Under Construction LOT SIZE: 26,801 square feet SURROUNDING LAND USES AND ZONING: NORTH: Multi-family; zoned "R-4" SOUTH: Multi-family; zoned "R-4" EAST: Multi-family; zoned "R-4" WEST: Single-family; zoned "R1-10" SUMMARY: This request is for approval of the Preliminary and Final Plat "Hacienda Vista Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Hacienda Vista LLC, has chosen to convert a eight-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,248 square feet, a minimum livable area of 1,248 square feet. Each unit will have a two-car garage. The applicant applied for his building permit, 98-0820, on June 19, 1998 and received his permit to build on February 1, 1999. RECOMMENDATION: Planning and Zoning Commission recommend approval of the Preliminary Plat and staff recommends approval of S99-023; Final Plat"Hacienda Vista Condominiums"Amended. L i. • L .,-- _I TOWN OF FOUNTAIN HILLS •44.: ' COMMUNITY DEVELOPMENT DEPARTMENT ..L: _J.. __..,._,.._,., +`-.) r 1 1 : r4'V`E:-T,41 74 p r A rN " Date Filed Fee P ld Accept By 2-0 q 99 _ Do ' , Condominium Name 144`ccrE JDA V( TTit Col rocnncNluart S Condominium Address — _ IZ Cs,09 - f~A t•el.0A.rToti-nrA )2t Legal Description of Lot/Parcel Being Platted — ___-- Plat a.O 7 Block Lot(s) Parcel Size Number of Units —' ZCso, %CS( Ste' Number of Tracts 1 Zoning —' �r General Plan Land Use Designation Density Requested(Dwelling Units Per Acre)Applicant j4; �k 54 ikki ,,. ' Day Phone ll c r•cr-t- :G .v s� .. „14..-4x G7'o C�so) a/a- 92 to • Address (�r O? �. Cityl' // �[ S�T1 ZipS� �.•a t/`a eJ 0.-:Va #-(c3 A—zrw•tiTii^ /T•r`7 ff Z. U s-Z.G 3 Owner — — 4'i.tte4IGi t J isru UV, Day Phone Address City ST Zip 11.° . 17140 1 Pth. t-Ii S C 6'52-6? Attachments(Please list) Arka et oft.4 P ...) /p( � C 2 FJ,-aw;1,p J, gna of Owner I HERBY AUTHORIZE(Please Print) Date =FILE THIS APPLICATION. Subscribed and fern b fo e s 5 TN day of 0-0719 S 5 . My Commission Expires o:+ 1-4- ,(g 2 �/r r Notary Public - d r- G...e.,c s - G y+ tl i.,) R. rt a 4 , (Seal) TFH Case Number CI Fee Schedule Attached C 9 Q_o() ) Z0 -d WU 9 T : T T f1H1 66-se-Nflf I F O ireNtil:''' 1 1 li t 1 4t1P'1*.':',:,- ;.5,. il .... iiii5f agA m ham cl 0111 / la: <-• ..-ill,;:••• owl t " •n. / o !.. li trig �' b y al�x Xi -¢ r soo s r-' ti-. N/ * * , kt LE.�Aj z o, �l `_1 Il 9 4,47 4(`"f g o o 1--+n 4101w 4) .°4.4$, cnz il Q, •,, Q-4r ,p QJ z = s f+M 1--3 till 117 ii?.:* AI s....*4 g -.L.:, 4 %;,.1 i 1:x ?1 A m m O C' bray / / a i oppA zy'0 Ob !; D'• / / ® s m H o , ' I iti Alb* '41114F44* / vfitir - 1 ,.', ° 0 / a gR R0 / > o 'P / R R • / _ F--1 • I II 4 ...„ ‘ OP' ® # , • II• ocn a n`y� Gg?5N' \ , N �4 a /fe s 1 OD.1. 1� `4' • ::?- f1 2 r 1111 Via :« €fiir '.~ ,x8)012. . I 1- ma K �1 II � 1131-g h, sad F 8 "§ .• E i:! t 1 :14 _i, d), 1111 Ilia Ili MiliiIP Tiil: PI PIM 'i r -f ! II OF, ci IN fill P!Pliiii 11111 ilia X ERIPP i I g I.q IP g 1.;II! il giliti op , ;II! Illi.ild iiiik G X 114 r iiiii 0 3 CJ 2 1. 15 €"= 1a! cs P ° P°s f �eSn °iKFa�,$� '� ° ; Sq gap F n t,`� 9a4 • i # [ € X,3ae ° " 2 ;RX&y 1.21 *Xi p !0m„ " O flail .1 E l 1`al ,q i!1R [PI i. rtilmi f i - 4s.. g il• i A ° Rgq a HACIENDA VISTA CONDOMINIUMS -m.-NH -`t21-" IONTOOIERY BIGINEMINCHIAMODIENT,LLC. C. PLAT 207 BLOCK 1 LOT 1 '�'°~ '-"'.Krar 16766E PAPENEW AVENUE.SUITE 201 - ��-1 6 i ASP 1m0 FOUNTAIN SILLS.ARIZONA 85268 — 12609 N LA MONTANA DRIVE NULM1 (602)837-1ee5 N. ar 11o•�e, If 1 O > '�-rr= 650'TIP _> -��' IN .'"' J 21.07 4. g IF lee • CI It r 8 "10nEt 3. f i s v 200y 200 :: 6A0 ille E (� rid �1 V O r ,> 3 1 TaIMwril O r O O M 70 p'ElunriEI 200 Z > �m !714 t_R it �> D t.00 I re re A r�am' ■�' vki' t=_r ,y„ L tor o = am TIP 0.57 PIP I___ ' _ = r.00 nut c, m m / ` rnv Ng Ns Y 4 i n 1 Oy0X' . o RIl pR Npp' z m�D s '/ ' kW aW ~ �p`7 , mmmu % (It�t71 ,+hi71�7 > _ pm iil 1 II 11'� II — 3 N 4Z -d gZ a, QZ N 1 i 1 H Iu L 9r r p� 1 P 12/.., L ]lY,` HACIENDA VISTA CONDOMINIUMS -AIH r.4-s w �— MOIfiA01EAr ENONEERN91 rANAGEE1f,LL.0 PLAT 207 BLOCK 1 LOT 1 '�-01Y r<-N327 16766 E PARNNEW AVENUE,SUITE 201 r.”2 Q 2 r• A5 M ED FOUNTAIN R4LS.ARIZONA 85266 12609 N LA MONTANA DRIVE MOOR RAM el me106 (602)837-1845 IR M; rope A TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: August 27, 1999 SUBJECT: S99-021; Final Replat for " Final Plat of Lot 20A, Block 3, Fountain Hills, Arizona Final Plat 423" This is a request to join Lots 19 & 20 of Block 3, Final Plat 423. This application is only removing the common lot line of a "R1-35" zoned property. Please refer to the attached Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L L TOWN OF FOUNTAIN HILLS STAFF REPORT September 2, 1999 CASE NO: S99-021 LOCATION: Lots 19 & 20, Block 3 Final Plat 423 REQUEST: Consider approval of a replat for "Final Plat of Lot 20A, Block 3, Fountain Hills, Arizona Final Plat 423", a lot join project. DESCRIPTION: OWNER: Karie & Kevin Kristic APPLICANT: Karie & Kevin Kristic. EXISTING ZONING: "R1-35" EXISTING CONDITION: Existing Single Family Residence & Undeveloped lot LOT SIZE: 4.15 acres SURROUNDING LAND USES AND ZONING: NORTH: Colony Wash; zoned "R1-35" SOUTH: Single-family; zoned "R1-35" EAST: Single-family; "R1-35" WEST: Single-family; zoned "R1-35" SUMMARY: This request is for final plat approval of a Replat for "Final Plat of Lot 20A, Block 3, Fountain Hills, Arizona Final Plat 423" which is a lot join project. Due to the simplicity of this request a "fast track" process is being allowed. The owner, Karie and Kevin Kristic, has chosen to reconfigure these lots by combining the lots into one lot. The reconfiguration of these lots will allow for greater flexibility in the construction and orientation of additions without crossing lot lines. The new lot will meet all the requirements of the "R1-35" Zoning District for size and dimensions. The applicant has met the Hillside Protection Easement requirements of the Subdivision Ordinance and has provided 2.25 acres of H.P.E. RECOMMENDATION: The proposed lot is in compliance with the regulations of The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S99-021 " Final Plat of Lot 20A, Block 3, Fountain Hills, Arizona Final Plat 423". L 4 w t TOWN OF FOUNTAIN HILLS 11/4:: COMMUNITY DEVELOPMENT DEPARTMENT • -.E AR F j F C0A O 6 ,' Date Filed 1 Fee Paid l _ 1 3 - ci i' - A _O . . Accepted B Plat Name/Number �,Lp I fi,4/ eep4 ,L , P/4 9s3, .%dek .3, 44,�s /1 ,av Parcel Size Number of Lots Number of Tracts ' / Zoning General Plan Land Use Designation Xi 43..0 5;ttleit/;w /I"" p1e /CN!,'/y Density Requested (Dwelling Units Per Acre) Applicant Day Phone lei!' ese al'evin krishelc m -x 99 7 Address /G,7/p t' Oe o�i'//o Dr. I City FoNK lmi., .'/ ST 4z Zip ner Day Phone X i ri r 0 ke ri/) /Ce.:Sot/fC Address City ST Zip 40/1 t. Q€S .'4 Pr. I PoNah;4 ,/4 42 eswik Attachments (Please list) A/ JO j n ph j' 7440,0 744ir if.1 q i A 116 /f O' AD 14 >iD Zr fr. /ei" `s is r T e�G • t ature < 0 er I HERBY AUTHORIZE (Please Print) Date o�i� r� - TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) ePae Schedule Attached TFH Case Number 599-0°1 illprii 1 vill a iff, pl ge 0, '41 tr 4%4401.; _ _ _ y� I. it IIii41"a owe*a •e INII It II! I1 I . II T /1ill ' 11 1 i il ;: i - S =1 tit j R a o ig C \ 1 1 'g' PA Z r Si114 4 ! 0 a i 7 f;14 -13 im,zimt z! 14,-A i � f a PP its Y Irl f {N�� r'^ OT �'i �' �' =91 VJ 11 �' D r h. - ` ��? ON HPE i r• 1 i t . Rig mig Z O (NW H. 4dT 20 �__ \ = N (.._... ......._ ii °> -t �� Z CO / -A. t 1.).10 8 t y a,WNW '•••ss \ 4...,,S;\., 1:. .m..r i.:. , , „, 1111;1 II 1 FT 1 ,,,,,,, ,i",;# !'iIiiiih C." 1p I n h i' iii 1 I 11111111ra 1 1 3 1t 8=t =a 1111/4 ii6_ O'A4 Q TOWN OF FOUNTAIN HILLS Noy MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner Vfa- DATE: August 27, 1999 SUBJECT: S99-022; Final Replat for " Final Plat of Lot 7A, Block 1, Fountain Hills, Arizona Final Plat 302" This is a request to join Lots 6 & 7 of Block 1, Final Plat 302. This application is only removing the common lot line of a "C-1" zoned property. Please refer to the attached Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L L TOWN OF FOUNTAIN HILLS STAFF REPORT September 2, 1999 CASE NO: S99-022 LOCATION: Lots 6& 7 Block 1 Final Plat 302 REQUEST: Consider approval of a replat for Final Plat 302, Block 1, Lots 6 & 7, a lot join project. DESCRIPTION: OWNER: Rhonda Newman APPLICANT: K.D. Spring, Inc. EXISTING ZONING: "C-1" EXISTING CONDITION: Undeveloped LOT SIZE: 30,625 s.f. (.7 acres) SURROUNDING LAND USES AND ZONING: NORTH: Town Park; zoned "C-1" SOUTH: Multi-family; zoned "R-3" EAST: Undeveloped; "C-1" WEST: Undeveloped; zoned "C-1" SUMMARY: This request is for final plat approval of a Replat for "Final Plat of Lot 7A, Block 1, Fountain Hills, Arizona Final Plat 302" which is a lot join project. Due to the simplicity of this request a "fast track" process is being allowed. The owner, Rhonda Newman, has chosen to reconfigure these lots by combining the lots into one lot. The reconfiguration of these lots will allow for greater flexibility in the construction and orientation of additions without crossing lot lines. The new lot will meet all the requirements of the "C-1" Neighborhood Commercial and Professional Zoning District for size and dimensions. RECOMMENDATION: Staff recommends approval of replat S99-022 " Final Plat of Lot 7A, Block 1, Fountain Hills, Arizona Final Plat 302". L V. } TOWN OF FOUNTAIN HILLS °° ` COMMUNITY DEVELOPMENTDEPARTMENT DEPAR Date Filed Fee Paidir Accept d By -�i - 99 .?ee Plat Name/Number n4 / /Ph 74 o/ I, 71;/ 84,e1I/d 3042 Parcel Size Number of Lots Number of Tracts / Zoning - ' Gene al Plan and Use Designation p //11 ll J)ci Irkoi 6i++�Cre•.*/ Od /tDssiD.o�/ . Old vifTt;e. Density Requested (Dwelling Units Per Acre) V fs. Applicant Day Phone X. O. SPoeJ AJ4 .wive. 737-i3 73 Address City ST Zip Ca ep%sc trfo/ un114/07 11 I z t'S"'•14P +Owner Day Phone 1,4 . /keyMA ?37-7373 Add ss City ST Z' /G .29 & &n kr r%sc /0/ comet A,. 1'/ls 1S 2a Attachments(Please list) tit I" 4014. f/dt, / 147 0 1/410/0%04., AS.' 6t7 1110br / 7/1 . Signature of Owner I HERBY AUTHORIZE (Please Print) Date/11/67/Wai q YL9011� TO FILE THIS APPLICATION. 7/Z/ lq Subscribed and sworn before me this day of , 19 . My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached Sgq - 030_, Tr.W ra V 4J' ,gyp t as�. m le 2 i '46 f 11!{ U I 'l pigiri;Nies f 1 1 2, 9lefi , {I. t I i I I 4 IliiiiiI r O • 1 �1 r r rn xizi• I I Ia. V l f 3 sa8 idi 1ef' v Na1 fil 'I ,h XI t;1 mill x i III 1 70 11 G I /4,i:i I,Q1 z xiolamo D n m o>I0 ir / 1 /, eA m.Fm DN D / 10O . 1 O (nZNO 3T V / R'Dei0OO 4./ zoo / t ;NAO Z —I i • '• m /•t'- /i / in 1d D '-, , O W D Zr1u-1 -�1 // �„i r F�/ 13m00 D W -nJ 0 0 DZo d , N J / OCD , m \I // N D $L. Z.�O / 70ox I/ ›0 K--. —1.. . / :2 ooNp W (try ill y •rl CN 0OD f✓ t' / �fTIZ Z Z S.,n r- V ?� N • ' w n> Z 1 LA oR, I WoN /, �! Z cnn z 1— D 1'—^ / VJ e g 1 —. �Z I6 I -.9 W J o O Z --+ o To I I °� N w� 00 t r lit s2 N , E s='11:...KIr N �!' (A1�� mf -� 1 2pp �' m f O 1.`.j f $ r r ,l�►�. , tt. r r gg m i c� Li,1 p —I 7) A/r y Z ,ti v . m . x I „ a n > � m 1 z 0 Town of Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler DATE: August 13, 1999 SUBJECT: Liquor License Application - Mama's Pizza Cucina The purpose of this memorandum is to provide an endorsement of the attached Liquor License Application for "Mama's Pizza Cucina" at 16852 Parkview. This facility is designed primarily for food service with alcohol available incidental to the food. BACKGROUND INVESTIGATION: The application is for a new class 12 license. A Class 12 liquor license, under the specifications of ARS 4-205.02, is for restaurant use only. Low To qualify, the statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. A review of the site plan indicated that well over that percentage is devoted to food preparation and service. Liquor sales would be incidental to the food service as intended by the class 12 license. A Class 12 license is exempt from normal restrictions relating to churches, schools and nearby liquor establishments. A site inspection showed that there is no proliferation of liquor establishments within the immediate vicinity. A current business license (#2654), is in place at the facility which is valid through February 29, 2000. The applicant, Enrico Cuomo, is an Arizona resident. A background investigation shows no wants or warrants that would prohibit the applicant from securing a license. RECOMMENDATION Based on compliance with Title 4 relating to the Class 12 liquor license and the fact that the applicant has a valid business license is in place for the facility, I recommend approval of this application. RECEIVED ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL AUG 1 1 1999 `'!-,� 400 W Congress#1 ^ITaN HILLS .. t,. , �,. WN CLERK %rnirn'1 W Washington 5th Floor t, �� oenix AZ 85007-2934 � -:.? l;t, Tucson AZ 85701-1352 %4� '� (520) 628-6595 (602) 542-5141 '�� to 4-c.a. _ la_5 nfit-- t - 4 APPLICATION FOR LIQUOR LICENSE-I"o C.ou>,c;1 ( _a-9 Q TYPE OR PRINT WITH BLACK INK -r t 0 W k•44 O U S ,lice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the day to day erations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last e years. See page 5 of the Liquor Licensing requirements. :CTION 1 This application is for a: SECTION 2 Type of ownership: ' ;> /INTERIM PERMIT Complete Section 5 ❑J/T.W.R.O.S. Complete Section 6 NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 N INDIVIDUAL Complete Section 6 PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 _ Complete Sections 2,3,4, 11,13,15,16,17 ❑CORPORATION Complete Section 7 =' LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 0 CLUB Complete Section 8 ':_ ` i PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 TRUST Complete Section 6 i GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 ❑OTHER Explain ECTION 3 Type of license and fees: LICENSE#: 1�- T 'License: - I "$EG 4 WI oVe. 2.Total fees attached: $ A ,ICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) ECTION 4 Applicant:(All applicants must complete this section) Applicant/Agent's Nam . Middle inert one name ONLY to appear on license) Last First Corp./Partnership/L.L.C.: (Exactly as it appears on Articles of Inc.or Articles of Org.) i . Business Name: ti ft-t�At S P i Z7-A (!U( LE A (Exactly as it appears on the exterior of premises) . Business Address: ((a6 5 s-- .,J1t W t e rQ.'NT A%v.) `A'tLL A z. 052.0 S (Do not use PO Box Number) City COUNTY © Zip . Business Phone:(l't' 0 ) ' 1 ``S v Residence Phone:(` U ) 5 l y --13 i3_+ . Is the business located within the incorporated limits of the above city or town? DYES ONO . Mailing Address: City State Zip . Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) DEPARTMENT USE ONLY /1 � Accepted by: Date: g.L /�/ Lic.# � Us/ '/ [- 365 L Fees: Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. IC 010011/1998 *Disabled individuals requiring special accommodation,please call the Department. SECTION 7 Corporation/Limited Liability Co.: LH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACI ). ❑ CORPORATION Complete questions 1,2,3,5,6, 7,8. ❑ L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles of Org.,and Operation Agreement. 1. Name of Corporation/L.L. .• / (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: State where Inco orated/Or anired: rP g 3. AZ Corporation Commission File Date authorized to do business in AZ: 4. AZ L.L.C.File No: Date authoriz-d to do business in AZ: 5. Is Corp./L.L.C.non-profit? 0 YES ON If yes,give IRS tax exempt number 6. List all directors/officers in Corporation/L.L .: Last First a Title Residence Address City State Zip / (ATTA• .,•DmONAL SHEET IF NECESSARY) 7 ':stockholders or controlling members owning 10% .r mo .: First Middle • Owned Residence Address City State Zip % % i (ATTACH ADDITIONAL SHEET IF CESSARY) 8. If the corporation/L.L.C.is owned b another entity,attach an ownership,and dire tor/officer/members disclosure for the parent entity. Attach additional sheets as ecessary in order to disclose real people. SECTION 8 Club Applica ts: EACH PERSON LISTED MUST S MIT A COMPLETED FORM "LIC0101",AN "APPLICANT TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: D. e Chartered: (Exactly as it&ppears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑YES ❑NO If yes,give IRS tax exempt number: 3. List officer and directors: Last Fust Middle Title Residence Address City State Zip • SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. flIllt urrent Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Num,.- . I Est Renewal Date: 4. What date do you plan to move? What date`do you plan to open? SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: Hi)0(20 ft. Name/Address of school: {Civk-tib a) 4 L I. 416tt St,COL (regardless of distance) PC11,1`i el, OW 0 . 2. Distance to nearest church: (/,(00 ft. Name/Address of church: fi:i-r- . (217,e5€4T i ew ttrs .a- (regardless of distance) �/ i3tvl r t , t3LvO, 3 n the: Q'I.FssEE ❑SUBLESSEE ❑OWNER 0 PURCHASER(of premises) 4. If the premises is leased give lessors name and address: L-0V t 4 3 C.(C,a p kS t o f ta- - Pr?, q521/ `G % 41- 622t Monthly rentaUlease rate$ 1-1;24-7c. 5. What is the total business indebtedness of the applicant for this license/loc 'on? $ 0 Does any one creditor represent more than 10%of that sum? 0 YES NO If yes,list below. Total must equal'100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) P t Zz--A- 4 P AS T A- c2 E6 Phu ALrr 7. Has a license r a transfer license for the premises on this application been denied by the state within the past one(1)year? 0 YES N0 If yes,attach explanation. �% 8. Does any spirituous liquor manufacturer,wholesaler,or employee haveav any interest in your business? DYES L�'NO 9. Is the premises currently licensed with a liquor license? 0 YES 12 NO If yes,give license number and licensee's name: # (Exactly as it appears on license) L SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your location.proposed 1. VQtie 'T -4 i`a i=o 0-0045(ttom- 2. 13r-15.1-v1-5 3. Ti* vi u4)66 Ni' tt,t,� Bi,V 4. F P�y PatsTEa (�,i 011%) -h,+leek. Lt 5. 14.-. ti1IvM 564 Q'vL ) 4,3 11 6. 7. IAA- ItotiT1 A 8. 9. — 14 kR 10. I� V 11. i 12. 13. 14. Itilie (ATTACH ADDMONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, ' I C. e.tJ 0I;'t 0 ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner makin (Print name of APPLICANT/AGENT listed in Section 4 Question 1) ), g this application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor;4)that no other person,firm,or corporation,except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners,partners, member ,directo.. $ stoc I elders listed have been convicted of a felony in the past five(5)years. X OFiCU1l SEAL �•"_ (Si ______ - = SHUYUAN A JthYof CKNOEDGED BOREOA{#SGta Public: , Month Year My commission expires on: O1 S1A 6t*-0/V- 2 (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 'i _, 4W 400 W Congress#150 �\ ' � LI � Tucson AZ 85701-1352 Phoenix AZ 85007-2934 � ,.7. T,� � . (602) 542-5141 tiQ (520) 628-6595 RESTAURANT OPERATION PLAN LICENSE# (' 1. List by Make, Model and Capacity of your: Grill U tUto � ' 0 t..'- - &24.AA.. 0 p{ tLtt, '-. 5o t.- C_;•rZi,i L.- Oven & .Q t_o D Li-ET c Pk 7;2714 Cn' '5 Freezer (i Ov c' - -112-v Refrigerator U) ( OOGZ_ vi 1 va >Lk LA' Sink 3 c-o t 1K 1 rIot.T1 Si N 4,A Dish Washing ::0 '. 9-woo :) Facilities Food Preparation OW' 6 i v PWt - •r r ..e" (9 U-`' Pt'r T71 e coy Counter(Dimensions) . Other & e11 co fikietz 2. Print the name of your restaurant: rt till/ P%Z OA)CA r 3. Attach a copy of your menu(Breakfast,Lunch and Dinner including prices). 4. List the seating capacity for. a. Restaurant area of your premises [ 6-4) b. Bar area of your premises [ + c. Total area of your premises [ "Lj Lf 5. What type dinnerware and utensils are utilized within your restaurant? Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate yetm the restaurant seating? (If yes, what percentage of the public floor space does this area cover). Yes T) % 0 No What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen,bar, cocktail tables or game area.) 6 D % *Disabled individuals requiring special accommodations,please call the Department. Lic0114 11,97 12. Payroll Records , A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. 4-119) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S.210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel-motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%)'of its gross revenue from the sale of food. <.> 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on. the licensed premises, regardless of whether the sales of spirituous liquor are made°under+::; a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I,(print Licensee/Agent's Name): ev G ri 0 Vet(-C► 6 Last First Middle have read and fully under d aspects of this statement. O ACKNOWLEDGED BEFORE ME//p 9 / A`r `` '' . ' l ? l 1 g this ` t day ofj OFFICIAL igna icensee/Agent) Day of Month Month Year 1 « AA, SHUYUAN A.SUAREZ .1 Notary Public-Slate o1 Arizona ,a :� MAAICOPA COUNTY [ MYCmmMai,2,2001 >" 1')4.4)1 ,20,, ( CiA.,LY-1.,1,,,_ on: Day of Month Month Year (Signature of NOTARY LIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS • ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor ?"/L4_:; \'+� 400 W Congress#150 Phoenix AZ 85007-2934 r" Tucson AZ 85701-1352 4 ,, -4 Ire. (1.109 (602) 542-514140 (520) 628-6595 QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each finaerarint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) �L' TYPE OR PRINT WITH BLACK INK z 1. Check appropriate Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,10a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: � )f<,M y &NS2-t c.0 k i 5 e-e p r' Date of Birth: i b'3 n/S 1 Last First �J Middle 400 2. Name of Licensed Premises: 11011 A S P..2-7-4 t%-%W A-- Premises Phone:( LI c' ) 'D�- 5- 3. Licensed Premises Address: bU 5 -- E • e -e-u k P JE F,t4• `65-1-&,Y7 Liquor Lice e# I'4- Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: 6(641 �a r'O- State ,t. - Residence Phone:(4`10) 5 i 5' c. 1-1-3 0 et- ;__,, ceight: 5 -f c' Weight I r)5 Eyes: ) Z L Hair D i�- -' Place of Birth: P 'I i;Pie— • )-y J. City 'State 5. Name of Spouse: l:.-V i] M o (..,i.:,tLi P iv H e,D t'v i-t 0TT Date of Birth: (0-A141 Last First Middle Maiden x 6. You are a bona fide resident of what state? h 2 t7Lcw Pr If Arizona,date of residency: I 0- I - ‘14 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAM OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) fl I lot CURRENr 11(tin i)- (21.2-')A-C-004-A-- CUO I cjl c_ot-11111-i-ft't„).41,0e.-9°Ai2-D2. - c‘l 05,3z c_v iv i 46, 1 IN 6&A,,i -1 ito.1-7,724,4-. 1 a(.y ,- 5 c o$-c5 -ti-i= e-)_ 417( I 3 I o I, /9 t 6-4th:(D4-1-1 e- P,• )_p- 1.-. P-, C 1,4-c--d R-A't w- . it 6.z>e-47 , 0 C.-C- (ATTACH ADDmONAL SHEET IF NECESSARY) 1 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year ( j ��7 Street Address c� City State Zip 1% II< Iri CURRENT `tea c 2.)0 9-cl�.e `'Vj�-�P� Z s 1 Jr 't1 j hZ s sz 51 �11 1 Neu Nen I�TI - r1.e'136i uiP j I t I1 boy& (q,-1 1/oil 61310 6. PCP-s>fi0i1 Wt• Ii it $6*0 uc 0101 o1/1999 Disabled individuals requiring special accommodations please call(602)542-9051 • J L 'CIA18 OO IV113 • • -0a)---- WO -4/10- It ( '', 1 ge 1 65 1 8 0 • Cid 4 °4 It t, CA N .II ..I' m . re J I i re I� �I 'i I mm 6\ f O U / otO\ E „--,/ 461, 1 .. ,,,, . 1y,„ ,„, , < Z, N, O , ,,. „,.) c.: .,, . 2 Cki) - (... .-nd inn 0 Wf\`� ' , Zi V U tZ 10 i � o\ co?_:,., 00 ON �ti � '/7., iiii) I r r.‘".. 1....,....., < Ly c. SNIVINf1Od 3H1 J0 '3AV i )k, >� _.) 1� . J, L 'OAl8 0%1V-1 13 ip - ,-0--,- 0 ,,,,, ',--- -- {±- _ ----' itk f a) \ , 1 �/ , ,,,,--....-,, , PO ,--' 0 Io v , r I .v' • C+1 f IZ . Noit / 1 igE I � Z Q �11...1 Q Z ipm:q) E Q 1 ft PI (i) , 494111 � � ~ A tu ,..6140 0 Ce.) 1 4.) .100 0.0 Sep SNI` INf1O3 3H1 30 '3AV \ ,'�� 44 _ _ — 0 w a U O U) w t 1.-_ § O m m � 2 0 CD I-W m ' rmi 0 2 1 wS E w m :C[ Z� 0 LW,>. [ et co _- cc =m ; V1 o cn Z Z w 2 g� 01 0 Dw ¢ wm 6I I ICt �' npmN I <11 °, N U ce g z I_ CL _I Z° ° W W 1 11 1 cc 5 Q J IL _ _ —J W I Q I _ II I_ ____ _I iL — J �L �^oa �a _• I ��ti • A•H H1 Y 1 1 4. 0 _ m 1:1 w � L = _ _ _ _ _ _ _ _ _ = J oow Lay �wr4 e CA 0 CI O J C- ® CD El 0 W al /■ O Z ■ • ■ 0 o (1) Q w ® W w ® w V\ w % C at w 11 f. ® E • N .._ w b ■ ''' ;,:ia ® q�� t o Z. q L i _ cn . 1- i...J cd a , , 1 il a) 7 E a) I] ® I Cl) I I p I I ® Z ® I p • 0 cid > a • w -J w w -' ® ® w I I I I I I Ct N/ H I In 0 O I ® Z I ® - J -_ . 2 / ' �Na q� z w • _f 1. LIBRARY/MUSEUM -- Town of Fountain Hills (22,700 sq. ft.) SCHEDULE OF VALUES Revision No. 4 ACTIVITY SCHEDULED VALUE • MOBILIZATION $13,100.00 SURVEY $10,100.00 EARTHWORK $150,000.00 PAVING $105,000.00 SITE UTILITIES $58,450.00_ TERMITE TREATMENT $3,825.00 LANDSCAPE $66,150.00 CONCRETE $289,000.00 MASONRY $119,900.00_ STRUCTURAL STEEL $210,000.00 ROUGH CARPENTRY/FINISH CARPENTRY $42,000.00 MILLWORK MATERIAL $22,870.00 MILLWORK LABOR $14,430.00 FOAM ROOF $53,685.00 STANDING SEAM COVERED WALKWAY $172,800.00 INSULATION $22,500.00 CAULKING $1,875.00_ ROOF HATCH $1,040.00 DOOR INSTALLATION $3,640.00 HOLLOW METAL $3,530.00 WOOD DOORS $3,000.00 HARDWARE $9,640.00 PROJECTION SCREENS $1,445.00 FLAGPOLES $2,250.00 FIRE EXTINGUISHERS $350.00 APPLIANCES $3,720.00 CORNER GUARDS $1,435.00 BIKE RACKS $1,500.00 BOOK DROPS $5,140.00_ MISCELLANEOUS EQUIPMENT $1,325.00 GLASS/GLAZING $40,100.00 AUTOMATIC ENTRANCES $16,340.00 LATH AND PLASTER $32,600.00 METAL FRAMING/GYP.BOARD $128,860.00 PAINTING $19,000.00 CERAMIC TILE $16,500.00 ACOUSTICAL GRID/TILE $12,750.00 ACCESS FLOORS $5,500.00 CARPETING $51,300.00 RESILIENT FLOORING $4,000.00 ENTRY MAT $2,680.00 WINDOW COVERINGS $5,090.00 TOILET PARTITIONS/ACCESSORIES $6,210.00 SIGNAGE $4,770.00 LOCKERS $950.00 MARKERBOARDS $1,200.00 LIBRARY SECURITY $12,530.00 9/2/99 Hofmann-Dietz Architects, Ltd. Page 1 of 2 LIBRARY/MUSEUM -- Town of Fountain Hills • (22,700 sq. ft.) SCHEDULE OF VALUES Revision No. 4 ACTIVITY SCHEDULED VALUE PLUMBING $13,700.00 PLUMBING ROOF DRAINS $62,300.00 HVAC $290,800.00 FIRE PROTECTION $25,000.00 ELECTRICAL $228,500.00 SECURITY $5,500.00 FIRE ALARM $20,471.00 GENERAL CONDITIONS $71,000.00 BONDS&INSURANCE $32,200.00 SALES TAX $93,170.00 ALLOWANCE-CONSTRUCTION $75,000.00 BOOKS/FURNITURE/EQUIPMENT $575,000.00 PRINTING COSTS $10,000.00 ARCHITECTURAL FEE $140,000.00 ADMIN.COST $100,000.00 INFLATION CONTINGENCY $100,000.00 (TOTAL $3,596,721.00 I 9/2/99 Hofmann-Dietz Architects, Ltd. Page 2 of 2 TO: Cassie Hansen FROM: Steve Gendler, Marshal DATE: August 25, 1999 SUBJECT: Special Event Request - Octoberfest The purpose of this memorandum is to provide an endorsement of the attached special event request from the Fountain Hills German Club for an Octoberfest on October 1st, 2nd, and 3rd. It is my understanding that this is scheduled for the Council agenda on September 2nd. Background: In meeting with representatives of the German Club and event planners, they envision an expanded Octoberfest which will encompass additional space, a road closure, and extended hours compared to last year. It is planned as a "stand alone" event rather than running concurrently with Public Safety Day as was done last year. Food and beverages will be available along with entertainment and vendor booths designed to make this a family event. The organizers plan to serve alcoholic beverages under a class 15 - special event license which will be submitted separately. Accordingly, my major concerns are traffic, security, and provisions for controlled access. Traffic and Parking: As planned, the new configuration will require closure of Saguaro on a Friday, Saturday and Sunday. In meeting with Pat Harvey, our intention is to limit the closure to the area between Avenue of the Fountains and Parkview allowing full business access during the entire 3-day period. A detour is planned for northbound traffic on Saguaro which would send the vehicles west on Avenue of the Fountains. Southbound Saguaro traffic would be detoured west on Parkview. Parking would occur in the lots directly west of Fountain Park with pedestrian access in the closed area between Avenue of the Fountains and Parkview. In working with the event organizers as well as the Street Department, my concern about pedestrian traffic drawn by the event will be addressed by posting "no parking" signs along Saguaro between El Lago and Palisades. In addition, since the event takes place at night on Friday and Saturday, the organizers have agreed to provide lighting at the closed portion of Saguaro Boulevard. Contrary to what appears on the event request, the Marshals Department will work with the Street Department on establishing and maintaining the street closures. Security and Access: The event organizers are planning to engage the Sheriffs Posse for security during the event, therefore, the town's law enforcement resources will not be involved. However, last year there were significant violations of regulations regarding access to areas serving liquor as well as the potential for underage liquor sales. If the organizers, or the Posse, fails to comply with access provisions, age identification, or restrictions on carry-out of alcoholic, enforcement action will be taken and Fountain Hills officers will be assigned at the organizers expense. Recommendation: This event has a potential benefit to the community in terms of providing family oriented activities, positive exposure for Fountain Hills. As long as the traffic, security and access provisions are met, I recommend approval by the Council at their meeting on September 2nd. Special Event Request Page 2 of 2 L LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT AND AGREEMENT TO FURNISH INSURANCE As a condition to, and in consideration of the issuance of this requested permit,the applicant hereby agrees to procure and maintain insurance coverage protecting all aspects of activities involved in the permit. Such insurance shall cover public liability and property damage, including product liability if applicable,and shall include coverage for owned and non-owned autos,for all claims for damages for personal injury or death and property damage arising out of the activities for which this permit is issued. Such insurance to be in limits of not less than $1,000,000 combined single limit personal injury and property damage. The certificate of insurance reflecting this coverage shall name the Town as an additional insured as respects this Special Event Permit. CQJ 7-2 -t6 Signature of Applicant or Agent Date of Application Name of Insurance Company: ( )OICM LA OD _I-U?SURO riCC C 0 Policy # 'J. ''��7 Policy Dates: /-1-CC1 1-('2°°o (DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY) Certificate of Insurance Filed: YES NO Approval by Town Marshal- .,C,� Date• �S/S/ Comments. <r3 Aflm Wn "�,daa�.o� Notification of Local Fire Department. Date. Contact Name &Title. Arrangements Made: Notification of Sheriff's Department: Date. Contact Name & Title: Arrangements Made: L Fin. • p. ..•.1by To •ounci : s - -a-g 1 B . /-.A1�✓l e• CI�O?� Date: �.J 17 N LAIcC= (-------,_, 6'A oaJ a (PN' e 7-1_7 \ �V ` ,. ., \'l.,y /lam `� ` \ �� Y 7 r•Q' . ...1..,\/ „,,,,,) 0 Licoi--f- T1V ' r " ')C) SCE? ra ,,,),, ry C 'v Ati ,, St' "i1R({o c 1 — gxi(0 1 j/V (.,) I l-)C,'ti',J 1 L., 4 P C .1) o " - / I /go I X&D mA/A( Q 0 r REsrrLL m. e�nNr / , I L PILL `� ^ ��)0 rj kT 13 0 0 1+ --�-- Lk1i L r, t''T- kt41,t C Q p1' ,,i 7 k' !1 10'X Z O' /!\ A /\ A \ i ( _' moo ' I N ILL NrLL r- ;L_L ooLorvJ DotvFJ v ..,JO L.,, , , Sp(D,JkI , ,,, L U r> u L.) 5 t' W — ViEtur>ccti_ P L FOUNTAIN HILLS OKTOBERFEST MISSION STATEMENT In Germany the month of October is eagerly anticipated. The Oktoberfest experience includes food,music,activities and fellowship. In Fountain Hills the Oktoberfest experience will build on last years successful event. This year the German Society and sponsors have committed to spend over 20,000.00 dollars in infrastructure, tents, lights,restroom facilities,generators etc. To provide that great Octoberfest environment. High quality bratwurst, roasted chicken, German potato salad,pretzels,strudel and much more will be available as well as, imported German beer. Additionally over 5000.00 dollars will be spent on quality bands &entertainment. Our commitment to family participation includes a water game area for children,giant moon walk and obstacle course, rides for children, skill games and a swing ride for all ages. Many of the hundreds of workers at the event will be from charities and non profit groups that use this event as a annual fundraising opportunity. We estimate that between$8000.00 and$10,000.00 dollars will go to various non profit groups for their assistance. Organizations such as Boys &Girls (ow clubs,Life Teen programs, local churches,Boy Scouts etc. Our goal is to provide an annual community building event that provides the authentic Oktoberfest experience of fellowship,food and fun, but with a touch of class and quality that says Fountain Hills. Southwest German Society L L FOUNTAIN HILLS OKTOBERFEST OVERVIEW THURSDAY SEPTEMBER 30TH ARRIVAL OF EQUIPMENT TENTS,LIGHT TOWERS, GENERATORS,RESTROOMS,SETUP& TESTING OF EQUIPMENT 10:00 AM TO 4 PM FRIDAY OCTOBER 1ST ARRIVAL AND SETUP OF FOOD &RIDE&GAME VENDORS 10:00 AM TO 3 PM. EVENT BEGINS 5:00 PM,EVENT ENDS 10:00 PM OKTOBERFEST EVENTS/ACTIVITIES BMW/MERCEDES BENZ DISPLAY SATURDAY OCTOBER 2ND VENDOR AND OCTOBERFEST STAFF ARRIVAL,RE SUPPLY VEHICLES ETC.9:00 AM TO 11:00 AM. EVENT BEGINS 11:00 AM,EVENT ENDS 10:00 PM OKTOBERFEST EVENTS/ACTIVITIES CLASSIC V.W. SHOW SUNDAY OCTOBER 3RD VENDOR AND OCTOBERFEST STAFF ARRIVAL,RESUPPLY VEHICLES ETC. 9:00 AM TO 11:00 AM. EVENT BEGINS 11:00 AM,EVENT ENDS 6:00 PM. VENDOR EQUIPMENT REMOVAL BETWEEN 6:00 PM&8:00 PM,REOPEN SAGUARO BLVD. OKTOBERFEST EVENTS/ACTIVITIES TRADITIONAL FOLKS MARCH MONDAY OCTOBER 4TH REMOVAL OF LARGE TENTS AND EQUIPMENT RETURN OF PARK TO NORMAL 9:00 AM TO 2:00 PM. L . . -.. .......- . .. .......... -..... . ... .... ,... • ......_•••-------••• . ......_ _. LA MONTANA DRIVE at ibil-- irbror R V 0_, ,_ illp l, I I I ‘411 -TT Li 1 1 1 1 , ii • . 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I I II I I I, I • r i III 7c .7.4 DI I. i -I,/ii I • ' 4, i II • • • • • • • • bat : • • • • • • • i: i It H. ••• ••• ••• : ••• ••• t! : i n: .: H: .: i Ci:••• i ik I 1 ll I, vit it , • i / : .•. • • • •• : : • : • :: s i ill 1 . • OKTOBERFEST SUPERVISORS 1999 RAYMOND A.KELLER COORDINATOR DAVID HUGHES ASSISTANT CHRISTINE COLLEY SOUTHWEST GERMAN SOCIETY MARTA LUDWIG SOUTHWEST GERMAN SOCIETY BRUNO URBAN SOUTHWEST GERMAN SOCIETY Loy 0 l<-1-0 -12.. Fesi s(cpA) PLA_cG-141A9-7--- i2.4 t.7---ri 30-t• I 2:eho lu 0 oN) (..)A.)r i 1--- 0 c.--7- 3 .-- I o:00 Pfrn _ X - O‘-_,--wo -.5 Pi-A-c-c.--mczvv-i— C.o intwry 4--ri 0Q 0112a--0 ty‘,Ar....4 4.-vc.-.-n i Sf 4oiv5 0 0 0 CI t e le Me Verde 3 krair • .44kb44, % 143 . -•••••wwweir l. f K.. '.... 0 00A , co, , t at A 'It, . - Allit.711M.04*cam i 0 EOGEWA•AC'4"°4 i .1.IL % 0014 4:p" A • .. . 1104,3,Warn i dr\ ' '-',. •Ior..„, `:- 0 r s, 0,03,0 • . 1 . . % ti A' • Of 0 • OPOCKWAY W .1!OUOPIA WA CT • , 44 P . g c., I map,oe •• ,,e„ ; iimx - - 4 4 "t. 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Town of Fountain Hills .. .. - J Map Produttion hy • # , , r„ LOOKOM LEDGE • B smitemelat•G vIEw Kathy Reed • 837-0337 4 3 40 4t- 4 J • Tr"...ASV NT/* 6DA L A CO 0 0 CI AUG-27-99 09 :54 AM P. 02 11 I Rug i?6 99 05: l Op Eagle Property Management t30z-955-3522 C d AGLEf 9 PRCPERI' • I _ : t t InGC:\tt!'T August 26, 1999 Christine Colley Dti4t 109 ': ' i �: 16033 Palmrose : fir' '' � , yam , -Fountain Hills,AZ 85268 a Re' Permit Approval,Plat 208 L 3 Dear Ms. Colley f ` - -':t::,:`, '.;'• i% ii. e Please be adv std that t e yard of Directors for Tract 208 Property Own is'A,§ attQpk. ff s` i • has approved your appl�ca ion to utilize the parking areas within tl}e coin- tilt 'e x cto er 3, 1999. `c' -• ,, a� 'y October 1st through 0 ,� rofit use will be issued upon receipt of$900 foe. '4t'' CS r1 . . .,: An executed perantt f r no�p ; . f, (calc ulated at S150 peer/bl 'ck,per day(note; 1/2 days are hot calculated)), d a ate 4 f, Lir of insurance, In an amdun not less than S2,000,000, naming the Tract 20 Prop .,.v. Owns:rs Association arid agle Property Management, Inc, as additional i sure f The Board of Directo h's waived the need for a standard security deposit, lit t e aye t �� the blocks used are no craned properly, or if damage to the facilities oc is yb *ill k , i o , remain liable for costs of cleaning and/or repair. ,, : tea• �* x �,, .i Ncasc do not hesitate 4o 4ontaot me if you have need of additional infor ation' 60? ;?' 4. kY. 224-"'000, s. Since rely, <: tt4t -7---- aul albo , Eagle Prupe'ty Mana talent,Inc. R ,• Agent for Tract 208 roperty Owners Association x t ,k 4 a . '' ..c. Iii if'-'5:','".,ti I i . i • " 5;0 • '975 'aoith 44th Sttee,•Suite 102 • hoe r.H o ,- P.O. Sc '6t74 • ?hpc�:ac ;�'!zOna 95C�• _t.'' • �zX qK92 9S5;20.: r << i` �:� Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler, Marshal DATE: July 31, 1998 SUBJECT: Special Event Liquor License - German Club --------------- The purpose of this memorandum is to endorse the attached special event liquor license submitted by the Southwest German Society in support of the Octoberfest Fund Raiser on October 1st, 2nd, and 3rd. It is my understanding that this will be considered by the Council on September 2nd. Background A review of the application indicates that the Southwest German Society is filing for this permit under the "non-profit" category. Based on the provisions of ARS 4-203.02, they would, in effect, be awarded a class 15 license for this event. Two important provisions apply. The first is that 25% of the gross revenues from the alcohol sales must go to the non profit organization rather than the commercial organizer, and, second, that the alcohol must be purchased from a qualified off-premise sale source rather than a wholesaler. The requirement that the alcohol be purchased from a qualified retailer is outlined in R19-1-250(a) and specifies that the source have a class 6,7,9, or 10 license such as Walgreens, Price Club, Bashas, or Safeway. Qualifying organizations that apply for a special event liquor permits are restricted to a total of 10 days per year under the provisions of R19-1-244. According to our records, this application is the first submitted by the Southwest German Society this year and represents only three of the 10 days they are allowed. Access Control One of the law enforcement considerations in any public event involving liquor is ensuring that minors do not have access to intoxicating beverages. In reviewing this with the Octoberfest organizers, they have addressed my concern through a combination of access control fencing, a bracelet system for authorized purchase of alcohol, and provisions to have the Fountain Hills Posse provide security personnel at the entrance. Recommendation Based on the fact that the Southwest German Society qualifies as an exempt organization; that organizers of the event are aware of the requirement that 25% gross alcohol revenue go to the exempt organization; and, that they are in compliance with provisions of ARS 4-203.02, I recommend approval by the Council at their September 2nd meeting. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL RECEIVED 800 W Washington 5th Floor IL 400 W Congress#150 AUG 2 31999 Tucson AZ 857014352 Phoenix AZ 85007-2934 ti` � (602) 542-5141 +��,�� FOUNTAIN HILLS TOWN CLERK (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day, for 1-10 day events only A service fee of$25.00 will charged for all dishonored checks A.R.S.44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# I. Name of Organization: S'a uTH W EST &1214'ie4 N Sa./e Y 2. Non-Profit/I.R.S.Tax Exempt Number. 8 CO- 2 8el 310 3. The organization is a: (check one box only) ",3- IR Charitable ❑ Fraternal(must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure,or Campaign Committee ❑ Religious 4. What is the purpose of this event? 0 TO( rum D I$& 5. Location of the event: t-OO4i At, ) -R fdONT A/N Ih(.L S MA 11(..4.04 gSZ(p g Address of physical location(Not P.O.Box) City County Zip pplicant must be a member of the qualifying organization and authorized by an Officer.Director or Chairperson of the Organization named in Question#1. (Signature required in section#18) 6. Applicant: GOLLCy Cei12/S71Ne Last First Middle Date of irth 7. Applicant's Mailing Address: /(DO 33 52/i 'Ro5c!J2 P/H AR-i704) 8fz(e Street City State Zip 8. Phone Numbers: ( ) ( ) 490) 837-282 s Site Owner# Applicant's Business# Applicant's Home# 9. Date(s) &Hours of Event: (Remember:you canna sell alcohol before 10:00 a.m.on Sutday) Date Day of Week Hours from A.MJP.M. To A.MJP.M. Day I: (- l s_(/R% (04Y S— o o /62 vo Pt'; Day 2: yr c.7 2 / R°I' S cu y N.' 00 Air/ !D' oco poi Day 3: CT 3° ( 91 Svv p4y /!: 00 Am 0 o Pni Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: _ Day 10: tx 0106 05/1999 *Disabled inividuals requiring special accommodations,please call the Department. • THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER,DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#1 18. I, a Sli/tt ©I eu( , declare that I am an Officer/Director/Chairperson appointing the (Prim full name) applicant listed in Question 6,to apply on behalf f the foregoing organization for a Special Event Liquor cense. x 0 i _�.i.r.. -(1c - ir— f � .? v(( 7-2(z / ' (Signature) (Title/Position) (Date) (Phone#) State ofitri 2. .) GL County of/1400 1 c_nip c4-- n--,--- CIA SEAL The foregoingl instrument was acknowledged before me tls IM may,= hF waGR;DLEY z i , -I day of t&r IA S � /9 9 / �� 11ARICOPA COUNTY i ( Year ,, a� Day of t My comm.expires Jan.24,2001 ) My Commission expires • . (Date) (Signature of NOTARY LIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION#6 19. I, , declare that I am the APPLICANT filing this application as (Prim full name) as listed in Question 6. I have read the application and the contents and all statements are true,correct and complete. State of _County of X The foregoing instrument was acknowledged before me this (Signature) day of , Day of Math Mrnth Year 4/11 My commission expires on: (Date) (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event& complete item#20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, 5 h c rok, PI U t- �>- , M o-\or- , her ommend this .!: 'al event application on (Government O ) •FI'itle) / i , / /� behalf of Town` o f- row> +�...d lt,-VI G�d'f/ Y.) - 4 of (City,Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) ❑ APPROVED 0 DISAPPROVED BY: (Title) (Date) :Iillau Ay �� , 00 , 00g�®tit®0�,z a °� a. 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Rse izoo►'11S��j(4---) -. �� I i • LI(Du7- 1f ..1 iN � � � Coca C HAIN lr4l. .\ — --- —F7Vl'E lb L�11e C ., - - . - .. \�_ ' - -71. \E'r-9 o0-1+ ��T gO FL Al- R ' C Otirgo LLED a /ra'Y (..,ATF lo512O1 t /'\ A A A /\ /A / �C�`C i 1 - Oe--r;r7C.:vL SA(, v v 6xut7 Dawn) floe-viU V 3144 fkr: C9CF 1c t-iZ &Miley GATE 1 8 12 5•4:32 u 1(.c-:- potcfrr bl=17-(GL72. i 5A(0V#1 lea %_ U 0 •7os„EQ (/ v -) S!+'au_) - Vr=1Vr7cov_ 80o17 9 • Vra t• fir !i SOUTHWEST GERMAN SOCIETY toberfest Amain bills,U August 12,1999 Raymond A. Keller Jr. Apropo Premier Catering 930 East Broadmor Drive Tempe,Arizona 85282 Dear Mr.Keller: The Southwest German Society would like to notify you of your selection as the master vendor/ event coordinator of the Fountain Hills Oktoberfest. Your duties on our behalf will include coordinating equipment and infrastructure arrangements i.e. tents,generators, tables, chairs, restroom facilities,rides, games, etc., coordinating on site support labor,supervising food and craft vendors to include vendor agreements and assistance with beer service labor. Your services would not include booking entertainment(music),sales of sponsorship,or soliciting donations. Expense and revenue projections will be submitted for review. Any expense over$1000.00 will I need approval. Expenses of the Oktoberfest not related to your vendor operations will be the responsibility of the Southwest German Society and its members and sponsors not the obligation of Apropo Premier Catering or you personally. In return for your services as event coordinator you will receive one third of the after expense profit, 5%reduction of the vendor contribution on the first$10,000.00 of receipts and an option to renew this relationship in subsequent years. We look forward to working with you in this endeavor. /1 n ,sincerely, i /7 AAA c. .63/ hristine Colley Southwest German Society TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Pl DATE: August 26, 1999 SUBJECT: Consideration of a special use permit application for a stealth wireless communications facility to be located at the First Assembly of God, located at 16239 E. Ironwood Drive. This request for special use is by VoiceStream PCS III Corp.. The applicant is requesting a Special Use to permit a stealth wireless facility (Flagpole) in the "R1-35" Zoning. On August 12, 1999 the Planning and Zoning Commission recommended denial of the request. Please see the attached Planning and Zoning Commission report for details. L TOWN OF FOUNTAIN HILLS PLANNING ANS ZONING COMMISSION REPORT September 2,1999 L CASE NO: SU99-03 LOCATION: Southwest corner of Fountain Hills Blvd.and Ironwood Drive. REQUEST: Consider a Special Use Permit, which would allow a 60 foot high flagpole as a new stealth wireless communication facility to be located at the Assembly of God Church. DESCRIPTION: APPLICANT: Voice Stream PCs III Corporation OWNER: Assembly of God Church EXISTING ZONING: "R1-35" EXISTING CONDITION: Developed with a church PARCEL SIZE: 142,378 square feet(3.2 acres). SURROUNDING LAND USES AND ZONING: NORTH: Single family home,zoned "R1-35" SOUTH: Ironwood Wash and a single family home,zoned "R1-35". EAST: Single family home,zoned"R1-35" WEST: Single and multi-family homes,zoned "R-2". c SUMMARY: This request is for approval of a Special Use, which would allow a 60 foot high flagpole as a new stealth wireless communication facility to be located at the Assembly of God Church. The new facility would appear to be a heavy duty flagpole. Wireless communication facilities are permitted in all zoning districts with an approved Special Use Permit. The following is Chapter 2, Section 2.02 regarding Special Use Permits and Chapter 17 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding wireless communication facilities. CODE REQUIREMENTS: CHAPTER 2 PROCEDURES 2.02 Special Use Permits. A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district,but which,by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 2 of 18 18 such uses. B. General Regulations. 1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings, structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Town Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them. 2. Any building,structure or use existing on the effective date of this ordinance which is reclassified as a special use by this ordinance for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this ordinance, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto. 3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures,signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. C. Special Use Permit Application. Application for a use permit shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The application shall be forwarded to the Planning and Zoning Commission by the Zoning Administrator, and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this ordinance. An applicant shall furnish the Commission with any additional information it may consider relevant to investigation of the case. D. Commission Action and Findings. 1. It is the express intent of this ordinance that any use for which a special use permit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial to the Town Council based upon its judgment as to whether the specified conditions have been or will be met. The Commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district,but also the proposed location of buildings, parking and other facilities within the site, the P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 3 of 18 18 amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *1 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall either(1) make a recommendation to the Town Council, or continue the matter to a specified date (but not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing,the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However,if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance,the matter shall be automatically forwarded to the Council with a recommendation for denial 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. 5. In order to recommend approval of any use permit,the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met,it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report,written comments from the public,and minutes of the hearing. E. Council Action and Findings. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 4 of 18 Nlisv 18 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight (8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems appropriate,or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request. 2. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one(1) year from the date of denial of said use permit. G. Revocation. 1. Special use permits granted in accordance with the provisions of this ordinance may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10)days after notification, the owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting. 2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit. H. Fee. The application for a special use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the petitioner is the town, county, school district, state or federal government. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 5 of 18 41160* 18 CHAPTER 17 WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS 17.01 Purpose The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5)encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6)encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals,Town of Fountain Hills shall give due consideration to the Town of Fountain Hills General Plan,the Town of Fountain Hills Zoning Ordinance,existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. 17.02 Definitions As used in this ordinance,the following terms shall have the meanings set forth below: Alternative tower structure: means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. Antenna: means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Backhaul network: means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Existing Structure: means light poles, power poles, chimneys, billboards, and other similar structures which are placed within the Town at the time of adoption of this Chapter,except existing ,,. buildings. FAA: means the Federal Aviation Administration. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 6 of 18 18 FCC: means the Federal Communications Commission. Height: means, when referring to a tower or other structure, the vertical distance measured from the natural grade level to the highest point of the structure directly above the natural grade when such structure is not located in a platted subdivision. If the structure is located in a platted subdivision, the height shall be the vertical distance measured from the finished grade as shown on the subdivision grading plans or finished grade as shown on the individual lot's grading plans, (whichever is lower), to the highest point of the structure directly above the finished grade. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. Pre-existing towers and preexisting antennas: means any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Tower: means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers,alternative tower structures,and the like. The term also includes the structure and any support thereto. 17.03 Applicability. A. New Towers and Antennas. All new towers or antennas in Town of Fountain Hills shall be subject to these regulations. B. Exceptions. 1. Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under the maximum building height of the zoning district in which such structure is located and which is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only operations. 2. Preexisting Towers or Antennas. Legally established preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of Sections 17.04(F) &(G). 3. AM Array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 7 of 18 18 17.04 General Requirements. A. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. B. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Community Development Director an inventory of its existing towers,antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Town of Fountain Hills or within one mile of the border thereof, including specific information about the location, height, and design of each tower. Each applicant shall also provide a one-year build-out plan for all other wireless communications facilities within the town. The Community Development Director may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or with other organizations seeking to locate antennas within the jurisdiction of Town of Fountain Hills, provided, however that the Community Development Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics. Towers and antennas shall meet the following requirements: 1. Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with,the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. F. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed,then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 8 of 18 18 standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. G. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town of Fountain Hills concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty(30)days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense. H. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Town of Fountain Hills irrespective of municipal and county jurisdictional boundaries. I. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. J. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Town of Fountain Hills have been obtained and shall file a copy of all required franchises with the Community Development Director. K. Public Notice. For purposes of this chapter, any special use request shall require public notice pursuant to Section 2.02 (C) of this Zoning Ordinance except that the notice required shall include posting of the property, and mailing to all property owners within 300 feet of the proposed use, and publication in a newspaper of general circulation regardless of any expression to the contrary in Section 2.02. L. Signs. No signs shall be allowed on an antenna or tower. M. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 17.08. N. Co-location and Multiple Antenna/Tower Plan. The Town of Fountain Hills encourages tower and antenna users to submit a single application for approval of multiple towers and/or antenna sites and to submit applications which utilize co-location with an existing wireless telecommunications provider. Applications for approval of multiple sites or for co-location with an existing provider shall be given priority in the review process. O. Security fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and no more than eight (8) feet in height, shall be constructed of a block or masonry, and shall be equipped with an appropriate anti-climbing device; provided however, that the Town Council may it waive such requirements as it deems appropriate. P. Landscaping. The following requirements shall govern the landscaping surrounding towers; P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 9 of 18 18 provided, however, that the Town Council may waive such requirements if the goals of this chapter would be better served thereby. 1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residential property. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound. 2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. 3. Existing mature plant growth and natural land forms on the site shall be preserved to the maximum extent possible. 17.05 Permitted Uses. A. General. The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Permitted Uses. The following uses are specifically permitted: thew Antennas or towers located on property owned, leased, or otherwise controlled by the Town of Fountain Hills provided a license or lease authorizing such antenna or tower has been approved by the Town of Fountain Hills. No such license or lease shall be issued for a tower located within three hundred(300)feet of any residentially zoned property until a public hearing has been held at a regular or special Town Council meeting. 17.06 Special Use Permits. A. General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Town Council: 1. If the tower or antenna is not a permitted use under Section 17.05 of this chapter, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts. 2. Applications for special use permits under this Section shall be subject to the procedures and requirements of Chapter 2, Section 2.02, of this Zoning Ordinance, except as modified in this Section. 3. In granting a special use permit, the Town Council may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 4. Any information of an engineering nature that the applicant submits, whether civil, mechanical,or electrical, shall be certified by an Arizona licensed professional engineer. 5. An applicant for a special use permit shall submit the information described in this section P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 10 of 18 18 and a non-refundable fee established pursuant to Section 2.02 (H) of this Zoning Ordinance. 6. A Special Use Permit issued under this Chapter shall be conditioned upon verification by the Town Engineer or designee that such tower structure is structurally sound. Such verification shall be received by the applicant prior to submission. B. Towers. 1. Information required. In addition to any information required for applications for special use permits pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance, applicants for a special use permit for a tower shall submit the following information: a. A Plan of Development as required in Section 2.04 plus zoning, General Plan classification of the site and all properties within the applicable separation distances set forth in Section 17.07(B), adjacent roadways, proposed means of access, elevation drawings of the proposed tower and any other structures, and other information deemed by the Community Development Director to be necessary to assess compliance with this chapter. b. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties. c. The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 17.04(C) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s)and the owner/operator of the existing tower(s),if known. d. Method of fencing,and finished color and, if applicable,the method of camouflage and illumination. e. A description of compliance with Sections 17.04(C), (D),(E),(F), (G), (J), (L),and (M), (N), (0) and (P), 17.07(A), 17.07(B) and all applicable federal, state or local laws. f. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users. g. Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality. h. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower. i. A description of the feasible alternative location(s) of future towers or antennas within the Town of Fountain Hills based upon existing physical, engineering, P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 11 of 18 18 technological or geographical limitations in the event the proposed tower is erected. j. A statement of compliance with Federal Communications Commission (FCC) Radio Frequency(RF)exposure standards. 2. Noise. No permit shall be issued for any facility which generates a noise level greater than fifty decibels(50 db)as measured at the edge of the property upon which such facility is sited. 3. Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of this Zoning Ordinance,the Town Council shall consider the following factors in determining whether to issue a special use permit, although the Town Council may waive or reduce the burden on the applicant of one or more of these criteria if the Town Council concludes that the goals of this ordinance are better served thereby: a. Height of the proposed tower; b. Proximity of the tower to residential structures and residentially zoned district boundaries; c. Nature of uses on adjacent and nearby properties; d. Surrounding topography; e. Surrounding tree coverage and foliage; f. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. g. Proposed ingress and egress; and h. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 17.06(B)(4) of this chapter. 4. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Town Council that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information requested by the Town Council related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: L a. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 12 of 18 18 b. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements. c. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment. d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna. e. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable. f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable. g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render 4110, the technology unsuitable. 17.07 Minimum Setbacks and Separation A. Setbacks. The following setback requirements shall apply to all towers; provided, however, that the Town Council may reduce the standard setback requirements if the goals of this chapter would be better served thereby: 1. Towers must be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line. Provided, however, that separation distances from residential uses shall be in accordance with Table 1 set forth below. 2. Accessory buildings must satisfy the minimum zoning district setback requirements. B. Separation. The following separation requirements shall apply to all towers and antennas provided, however, that the Town Council may reduce the standard separation requirements if the goals of this chapter would be better served thereby. 1. Separation from off-site uses/designated areas. a. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1. b. Separation requirements for towers shall comply with the minimum standards established in Table 1. P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 13 of 18 18 Table 1 Separation Requirements From Offsite Uses/Areas Off-site Use/Designated Area Separation Distance Single-family or duplex residential units' 200 feet or 300%of tower height,whichever is greater Vacant single-family or duplex residentially zoned 200 feet or 300% of tower height,whichever is land which is either platted or has greater2 preliminary plat approval which is not expired Vacant unplatted residentially zoned lands3 100 feet or 100%of tower height, whichever is greater Existing multi-family residential units greater than 100 feet or 100%of tower height,whichever is duplex units greater Non-residentially zoned lands or non-residential None,only setbacks apply uses 2. Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2. *1 Includes modular homes and mobile homes used for living purposes. *2 Separation measured from base of tower to closest building setback line. *3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan and any multi-family residentially zoned land greater than a duplex. L P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 14 of 18 111 18 Table 2 Separation Distances Between Towers Monopole 65 ft.in Monopole less Monopole less height or than 65 ft. than 40 greater in height ft.in but height greater than 40 ft. (1160, in height Monopole 65 ft.in 2,000 feet 1,500 feet 1,000 feet height or greater Monopole less than 65 ft.in 1,500 feet 1,500 feet 1,000 feet height but greater than 40 ft.in height Monopole less than 40 ft.in 1,000 feet 1,000 feet 750 feet height 17.08 Buildings or Other Equipment Storage. A. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following: 1. The cabinet or structure shall not contain more than one hundred-twenty (120) square feet of gross floor area or be more than eight (8) feet in height and shall be located on P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 15 of 18 18 the ground. 2. Equipment storage buildings or cabinets shall comply with all applicable building codes. B. Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: 1. In residential districts, the equipment cabinet or structure may be located: a. In a required front yard or required street side yard provided the cabinet structure is no greater than three and one-half (3.5) feet in height or twenty (20) square feet of gross floor area and the cabinet/structure is located a minimum of three (3) feet from all lot lines. The cabinet/structure shall be screened by sight- obscuring landscaping which obscures at least ninety-five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height not to exceed forty-two(42) inches. b. In a required rear yard, provided the cabinet or structure is no greater than five (5) feet in height or one hundred-twenty (120) square feet in gross floor area. The cabinet/structure shall be screened by sight-obscuring landscaping which obscures at least ninety-five percent (95%) of the structure at planting and throughout the duration of the cabinet or structure's existence with an ultimate height of six(6) feet. c. The entry or access side of a cabinet or structure shall be gated by a solid, sight- obscuring gate that is separate from the cabinet or structure. 2. In commercial or industrial districts the equipment cabinet or structure shall be no greater than fourteen (14) feet in height or three hundred (300) square feet in gross floor area. The structure or cabinet shall be screened by sight-obscuring landscaping with an ultimate height of sixteen (16) feet and a planted height of at least six (6) feet. The entry or access side of a cabinet or structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet or structure. Such access way shall not face residentially zoned property. C. Modification of Building Size Requirements. The requirements of Sections 17.08(A) through (C) may be modified by the Town Council in the case of uses permitted by special use to encourage collocation. 17.09 Co-Location. A. Good Faith. Applicants and permittees shall cooperate and exercise good faith in co-locating wireless telecommunications facilities on the same support structures or site, if the Town so requests. Good faith shall include sharing technical information to evaluate the feasibility of co- location, and may include negotiations for erection of a replacement support structure to P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 16 of 18 18 accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing such information normally will not be considered as an excuse to the duty of good faith. B. Third Party Technical Review. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Town may require the applicant to obtain a third party technical study at the applicant's expense. The Town may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised. C. Exceptions. No co-location may be required where the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing wireless telecommunications facilities or failure of the existing wireless telecommunications facilities to meet federal standards for emissions. D. Violation; penalty. Failure to comply with co-location requirements when feasible may result in denial of a permit request or revocation of an existing permit. 17.10 Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of ninety (90) days shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety(90)days of receipt of notice from the Town of Fountain Hills notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day period shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower for the prescribed period. 17.11 Nonconforming Uses. A. Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Pre-existing towers. Pre-existing towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other provisions of this chapter,bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain a special use permit and without having to meet the separation requirements specified in Sections 17.07(A) and 17.07(B). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval; provided, however, that any destroyed lattice or guyed tower shall be replaced with a P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 17 of 18 18 monopole structure only. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within ninety (90) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 17.10. EVALUATION: Voice Stream Wireless proposes to place a flagpole similar to the one just constructed at the entrance to the Town on Shea Blvd. near the Beeline Hwy. While this application meets many of the goals set forth in Chapter 17, Section 17.01, specifically (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening,and innovative camouflaging techniques. The flagpole does use stealth technology but the pole is so wide for the entire length of the pole that the pole does have a negative visual impact. Goal 7, enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently. (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. This location of the pole is such that a complete failure at the base of the pole maintains the reclining length of the pole wholly on the site. Another site may be more suitable and would meet more of the goals of this ordinance. Goal 1, protect residential areas and land uses from potential adverse impacts of towers and antennas. The impact of the proposed flagpole would not seem as intense in a more dense area. The adjacent R1-35 does not lend itself to this use. Goal 2, encourage the location of towers in non-residential areas; Goal 3, minimize the total number of towers throughout the community. A higher site would provide greater coverage. Goal 4, strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;Goal 5,encourage users of towers and antennas to locate them, to the extent possible,in areas where the adverse impact on the community is minimal; (6)encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design,siting,landscape screening,and innovative camouflaging techniques. While this site uses the stealth technology the sheer width of the pole will adversely impact the R1-35 neighborhood. The related equipment will be ground mounted and screened by a 5' high wall. If approved a landscape plan for the new facility housing the equipment needs to be submitted for review and approval by staff. PLANNING AND ZONING COMMISSION: The Commission considered this application at the August 12, 1999 Commission meeting. The Commission received copies of two letters of opposition to the proposed flagpole. The main issues stated by the opposition are: Lack of concern for the neighborhood. Impact of the church's past and present projects on the area. Is wireless communications a part of a churches function to the community? Copies of these letters are attached to this report. Voicestream Wireless was not in attendance to respond to Commission questions or to answer to the concerns stated in the neighbors' letters due to some scheduling error in their office. The Commission considered staffs' report and recommendation for denial along with the letters of opposition and unanimously recommended denial of this application P&Z Commission Report SU99-03 Stealth Flagpole/Assembly of God September 2, 1999 Page 18 of 18 18 RECOMMENDATION: After considering staff recommendation and the letters of opposition the Planning and Zoning Commission unanimously recommended Denial of SU99-03, Special Use Permit to permit a 60 foot high flagpole as a new stealth wireless communication facility located at the Assembly of God Church. L Alt wo��t' _� TOWN OF FOUNTAIN HILLS t R.:- COMMUNITY DEVELOPMENT DEPARTMENT �aE. z IZ I Filed . E � �� Fee Paid Accepted 42N c-r4-5 -d- , 6e , Type of Special Use Requested ci;re less �le_e41 n n vis cat iews Lac,'/JYy Coos/ski./ off' Q ( too/ -00 e afri eyoi-,41e.41 e /a,ie,- ,s. Address of Subjett Property Zoning /6°239 E. iRo"I\Aiob �RL�E 11 - 33s Legal Description: Plat 403 Block o2 Lot(s) g Applicant Day Phone v o 11 CC S i RE-/qid -Pcss /7 Co dy —e/%1 (rya) /3-333a Address c2o/ way 417; S/1z z s,a 5� Owner Day Phone AR2---2-0"A, (,jc of l ff g ASScMI& S OF 6.eZ/ Z>k 6o. )8 37—3735— Address /G(239 E. i/Po.)kiJoo.b Pk. Citv i-m.� 14 g liS Si9z z GCS Signature of Owner I HERBY AUTHORIZE(Please Print) Date4160, Q9 SCE '✓Co OF #4�.4CiI& Vto;ce.S:rc4ti1 S (mo Coo. 020�/ LCr9SG TO FILE THIS APPLICATION. / ! 7 Subscribed and sworn before me this day of yg My Commission Expires Notary Public See G'o y Di J $e. Dc644e4d. (Seal) Please Provide the Following (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. TFH Case Number . Fee Schedule Attached '3Ut C-?6/-0 3 wirtEss Narrative Report for a Wireless Telecommunications Facility at 16239 East Ironwood Drive ctiaQ. 0 VoiceStream Wireless is proposing a stealth application of a Wireless Telecommunications Facility at the First Assembly of God Church, located at 16239 Ironwood Drive, Fountain Hills. The stealth application will consist of a sixty-foot flagpole located along the Southeast wall of the Church building. The three-sector antenna array will be completely enclosed in a ten-foot radome at the top of the Flagpole. The radome will be seamlessly incorporated into the Flagpole design and will not be distinguishable as such. The equipment cabinets will be located nearby the flagpole and will be screened from view by a proposed five-foot CMU wall adjacent to the cabinets, running parallel to the Southeast wall of the Church. The wall will be finished and painted to match the existing Church building. Coax cables, electric utilities, and a telephone circuit will be brought to and run from the flagpole and equipment cabinets via underground conduits. The Flagpole will be set back from the from property lines as follows: 130 feet from the North property line; 220 feet from the South property line; 143 feet from the West property line; and 127 feet from the East property line. In the event, the pole shall fail for any reason and collapse, the pole will be entirely contained on the Church's property in any and all directions. By locating this stealth flagpole on the Church property, VoiceStream Wireless will provide the desired service in this area of Fountain Hills. This stealth application will not negatively impact the surrounding property owners in any way, shape or form. To the untrained eye,this application will merely appear to be an ordinary flagpole, flying the American Flag. VoiceStream Wireless will begin this project immediately following the issuance of the Building Permit and will bring this site on the air as soon as possible,thereafter. L \97\PH21506F\CAD_Drwgs\issue0 C\ZO1.owg Tue Jun 15 12:18:58 1999 JPL 7 'r IX € /— — .1x. iS b' q rn / a i E. ' I' F,,F- —--• Ifitcr"Ply" 4- 1,-, (\ \\I .I C i ' • f i 1, g 8 i! !:;:iiiii - ' tili,‘ 1 V i t c 2 P Y 3 1 m .„ 0 s $ , ._ a Q m , m gba F ? m io e° z 'M ;IllS . r i 6 q la '-'" , tl r Ix Ting u 1 gEg .3 s ».: ) F ro• ( bg rir 4g gQ $ a .; ! ~1 o� 32 5 o , ° u tAg A §$ sp a$ e s a at' IV 1 4ilgi i ~ 0§ sg gg �4 F1 :11 t. 43g RiI it i$■�ti UP @ PI/ rlo �3S 2 F,i; !1Ii R Y � � X R NGm o E R 8 SRSR PL c - cn a N'II 1W! -_ - 189, El ti �s" SeaeY ^< $ $ xis t •s s i l `� ,. A9 /6 m v _ _ _. o �Rpsas gs •" Aa V j 8 11 1 P 1 G S » �� 8 #�' R N'. $ : ', y, Ao>; islp 1» its 1;1 C ,I99-6 08/10/09 07:51 FAX 7152775164 WAMBACH fm01 FA" X 174g i— '- 3/V.s 16214 E. Ironwood Dr. Fountain Hills, AZ 85268 Members of the Town Council % Mr. Jeff Valder Town of Fountain Hills Fountain Hills, AZ 85268 Dear Members of Fountain Hills Town Council: Today we received a notice regarding a request by the First Assembly of God Church to erect a stealth wireless communication facility on church property, across the street from our home. We will not be back to Fountain Hills until late September, so we send this letter expressing our concerns and questions concerning the proposed permit. Some immediate question are 1. Is there any concern expressed by the church for the neighborhood? 2. Is this a new business venture sponsored by a church group? Is this what promoting the word of God is all about? As in love and concern for one's neighbors? 3. Why did the church not, out of courtesy, ask neighbors if they objected? Or were they too embarrassed to even show their face? 4. Didn't the church just get an OK for a "small" daycare project that now appears 416.9 will lead to serious congestion on our narrow street? 5. Shouldn't there be some town-assigned place for a tower such as this? High in the mountains or near a water tower, or out of view in an industrial area? 6. Does the town really want to anger more citizens when daily we must pass that monstrosity down the street across from Safeway? 7. Do you really think a 60 foot tower will be the size of a flagpole? What will be the circumference? 8. Haven't the people of Fountain Hills expressed strongly how important it is to keep God's natural beauty? Now a church wants a 60 foot eyesore? How hypocritical!! Rather than push this project, we believe the First Assembly of God Church should, in all Christian humility, withdraw their request and apologize for their apparent greed and disregard for the neighborhood. 421,,fejoe_z_ AWICIrjr-- Rick Wambach Julie Wambach 8890 Finch Road Lake Tomahawk, WI 54539 715-277-5164 08/31/99 TUE 16:16 FAX 602 437 3500 Western Wireless 2002 Vol I e t L August 31, 1999 Ms. Cassie B. Hansen Town Clerk Town of Fountain Hills 16836 E. Palisades Fountain Hills, AZ 85269 Regarding: SU99-03 Council Agenda Item 09-02-99 Dear Ms. Hansen, I would like to request a continuance on the Town Council hearing this case until the next scheduled Town Council meeting. I have recently been transferred back to the Phoenix area from Texas where I was working for VoiceStream Wireless. It will take a week or two to become familiar with this proposed development. In addition I am working with our engineering people to see if we can reduce the development as much as possible, and plan on working with the neighbors in the area to build support for the proposal. If anything else is needed in order to continue this case, please let me know ASAP. I appreciate your assistance. Sincerely, Morris Mickelson Land Use Specialist 602 625-4648 VoiceStream Wireless • 2601 West Broadway •Tempe,AZ 85282 • (602) 643-3000 - Fax (602) 643-3503 TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Pl DATE: August 27, 1999 SUBJECT: Consideration of a special use permit(SU99-04) & a cut/fill waiver(CFW99-05)for a group care/nursing home located on lots 1 &2, Town Center I in the C-2 Zoning District. This request is for a special user permit and a cut/fill waiver for a Group Care Facility, to be located at the northeast corner of Fountain Hills Blvd and Avenida Vida Buena and west of Avenue of the Fountains. The Planning and Zoning Commission recommended approval of these request at the August 26, 1999 Commission meeting. Please see the attached report for specific details. L Town of FOUNTAIN HILLS iNat is Aoot� August 27, 1999 The Honorable Mayor and Town Council TOWN OF FOUNTAIN HILLS P.O. Box 17958 Fountain Hills,Arizona 85269 Re: Consideration of a special use permit & cut/fill waiver for the Fountain View Village Senior Care Facility,Case Number SU99-04&CFW99-05. Dear Mayor and Town Council: On Thursday, August 26, 1999, the Fountain Hills Planning and Zoning Commission met to consider a special use permit & cut/fill waiver for the Fountain View Village Senior Care Facility to be located at the northwest corner of Avenue of the Fountain and Avenida Vida Buena. The area under consideration is located in Town Center I, Lots 1 & 2. The applicant for this permit is Fountain View Village,L.L.C. The Commission voted 7-0 to recommend Town Council approve the project with staff stipulations. The Commission felt that the project would be an asset to the community. However the Commission could not reconcile the three-story element for the independent care facility. The Commission discussed this concern at length and did recommend approval of the special use permit with the staff stipulation limiting the facility to 32 feet and two stories. The Commission does not support three stories under any condition. We feel that this portion of the project as currently submitted resembles a dormitory and is reminiscent of the Four Peaks Vista project across from Safeway. The Commission also reviewed the cut & fill waiver at the same meeting. We felt that since the largest fill was in the interior of the project and would be required to utilize terraced retaining walls, and once landscaped would greatly diminish the overall impact of the fill. The largest cut on the site is to remove what could have been a mound of illegal dumping prior to incorporation of the Town. The Commission did recommend approval of the cut/fill waiver, however would like to see the cuts and fills reduced if at all possible. Please see the attached Planning and Zoning Commission report for further details. 16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145 P&Z Commission Chairman Letter SU99-04, CFW99-05 Fountain View Village Page 2 of 2 Sincerely, Leesa Fraverd, Chairman Fountain Hills Planning and Zoning Commission L TOWN OF FOUNTAIN HILLS PLANNING AND ZONING COPMMISSION REPORT September 2, 1999 CASE NO: SU99-04&CFW99-05 LOCATION: Northeast corner of Fountain Hills Blvd. and Avenida Vida Buena aka lotsl & 2, Town Center I REQUEST: Consider a Special Use Permit, which would allow a group/nursing home in the "C- 2" zoning district and a request for a cut and fill waiver of up to 19.5 feet of fill and up to 19 feet of cut. DESCRIPTION: APPLICANT: Fountain View Village L.L.C. OWNER: Fountain View Village L.L.C. EXISTING ZONING: "C-2" EXISTING CONDITION: Undeveloped PARCEL SIZE: 18.31 acres. SURROUNDING LAND USES AND ZONING: NORTH: Safeway Plaza, zoned "C-2"; SOUTH: Multi-family,zoned "R-4". EAST: Multi-family(Thunder Ridge), zoned "C-2" w/S.U.P.. WEST: Multi-family(Four Peaks Vistas), zoned "R-4". SUMMARY: The Planning and Zoning Commission considered this application at the August 26, 1999 Commission meeting. The application had been continued from the August 12 meeting due the number and nature of staffs' comments. The applicant resubmitted and reduced the number of comments significantly. The request is for approval of a Special Use, which would allow an adult care facility in the "C-2" zoning district and the accompanying cut and fill waivers. Group/nursing homes are permitted to be located in commercial zoning districts with an approved Special Use Permit. The following is Section 2.02 regarding Special Use Permits and Section 12.03 of the Town of Fountain Hills Zoning Ordinance, which states the Town's regulations regarding group/nursing homes in the commercial zoning districts. CODE REQUIREMENTS: CHAPTER 2 PROCEDURES 2.02 Special Use Permits. A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but P&Z Commission Report SU99-04, CFW99-05 Fountain View Village September 2, 1999 Page 2 of 8 which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. B. General Regulations. 1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings, structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Town Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them. 2. Any building, structure or use existing on the effective date of this ordinance which is reclassified as a special use by this ordinance for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this ordinance, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto. 3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. C. Special Use Permit Application. Application for a use permit shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The application shall be forwarded to the Planning and Zoning Commission by the Zoning Administrator, and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance am, with Section 2.04 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this ordinance. An applicant shall furnish the Commission with any additional information it may consider relevant to investigation of the case. P&Z Commission Report SU99-04, CFW99-05 Fountain View Village September 2, 1999 Page 3 of 8 D. Commission Action and Findings. 1. It is the express intent of this ordinance that any use for which a special use permit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial to the Town Council based upon its judgment as to whether the specified conditions have been or will be met. The Commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *1 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall either(1) make a recommendation to the Town Council, or continue the matter to a specified date (but not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. 5. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of P&Z Commission Report SU99-04, CFW99-05 Fountain View Village September 2, 1999 Page 4 of 8 persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met, it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report, written comments from the public, and minutes of the hearing. E. Council Action and Findings. 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight (8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems appropriate, or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued P&Z Commission Report SU99-04, CFW99-05 Fountain View Village September 2, 1999 Page 5 of 8 for an additional time period or be terminated. There shall be no use permit fee for this extension request. 2. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one(1)year from the date of denial of said use permit. G. Revocation. 1. Special use permits granted in accordance with the provisions of this ordinance may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting. 2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit. H. Fee. The application for a special use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the petitioner is the town, county, school district, state or federal government. CHAPTER 12 COMMERCIAL ZONING DISTRICTS 12.03 Uses Subject to Special Use Permits in C-1, C-C, C-2,and C-3 Zoning Districts. A. Amusement park, arcade, drive-in theater, or outdoor theater, miniature golf course, and golf driving range. B. Cemetery,pet cemetery, and mausoleum. C. Group Homes for Handicapped and Elderly People, Nursing Home, Homes for the Aged, Convalescent Home. P&Z Commission Report SU99-04, CFW99-05 Fountain View Village September 2, 1999 Page 6 of 8 D. Kennels, indoor or outdoor. E. Sports arenas. F. Single and multi-family residential dwellings. EVALUATION: Fountain View Village L.L.C. proposes to construct a progressive care facility on lots 1 & 2 of Town Center I. The proposed facility will contain 90 independent living units, 90 assisted living units and 64 skilled nursing units. In discussions with staff prior to application of this special use, staff made the interpretation that the Skilled Nursing and Assisted Care portions of the request were commercial in nature and would apply the 40 foot building height to these sections. Staff further interpreted that the Independent Care facility was more of a multi-family use and would therefore apply the 30 foot building height to these units as previously applied to Thunder Ridge (Town Center I,Lot 6) and The Villas of Fountain Hills (Town Center II, Lot 5). The applicant has shown the independent care facility at a height of 40 feet, with three stories, along the east side and portions of the south and north side transitioning to 29 feet, with two stories, along the west side. This discrepancy was one of staffs' main concerns, and part of the basis for the last continuance. The applicant states that the independent care facility needs to be the same number of rooms as the tkirf assisted care facility to be economically viable. One and a half times larger is more desirable. The applicant states that the third story is required to make the proposed 90 units. Staff feels that the site can be designed at two stories and spread out to accommodate 90 units. The Skilled Nursing facility is a single story structure with a 19.5 fill on the east side and a 19- foot cut on the west side. The skilled nursing required a level floor due to the nature of the clients and stairs and ramps would be a hazard. The assisted care facility requires a 15.5-foot cut at the southwest corner and a 16-foot fill on the northwest corner. These cut fills will be hidden by backfill and site grading. The 19.5-foot fill at the skilled nursing facility requires retaining walls as the un-retained fill has a 22 foot horizontal displacement and exceeds six feet in height. The 19 foot cut removes a high spot on the western side of the sight. The topography shown on the applicants grading plan closely matches the town's topography from 1991. Community Development continues to have concerns regarding the applicants cut and fill exhibit. While the skilled nursing area appears to be correct the cut areas on the assisted care and independent living areas are incorrect and a fill is missing from the assisted care site. Accordingly is the Commission recommends approval of the special use, staff recommends a stipulation requiring that the cut/fill exhibit be resubmitted showing a maximum cut of 19 feet and a maximum fill of 19.5 feet at the skilled nursing facility and showing a maximum cut of 15.5 feet and a maximum fill of 16 feet at the assisted care facility. No cut/fill is required at the independent care facility as submitted. The Town Engineer has reviewed the latest submittal and has the following stipulations: 1. Provide concrete valley gutter at all pavement locations where slope is less than 1%. 2. Show all proposed grading contours along Avenue of the Fountains. Steepen fill slope to 2:1 to keep dirt off curb area. P&Z Commission Report SU99-04, CFW99-05 Fountain View Village September 2, 1999 Page 7 of 8 3. Provide containment of surface water runoff from the Hillside Preserve area and drain to the east (cannot drain over slope to Safeway Store). 4. Relocate drainage culvert under the proposed driveway to a low point and direct water to the 20' drainage easement within Lot 2. 5. Revise site plan to maintain open access to prior approved and existing drainage structures. There is a minimum of 38 cfs (10-year storm) being intercepted at this drainage structure. There may be more flow than 38 cfs because the corner drainage area is also draining to this structure. This drainage needs to be intercepted and discharged into existing 48"pipe. 6. This project is to use prior approved landscaping plans from the approved Town Center I plat. 7. Provide Type M-2 driveways as shown in the MCDOT Standard Driveway Details. Project on-site driveway aisles to be 26' minimum width. 8. Show proposed sewer and water lines to each building. Will there be any public sewer main lines on site? Drainage Report: 1. Require a Final Drainage Report to be submitted with the replat and/or building permit process. This report is to comply with all preliminary drainage comments and include a site specific drainage map exhibit; calcs and details (for hydrology and hydraulics); and calcs for sizing of all drainage pipes, catch basins, etc. The remaining issues stipulated by the Town Engineer may be addressed at the time of building permit review. Staff recommends that the height of the Independent Care Facility be stipulated to 2 stories and 32 feet (to allow flexibility in the design). The applicant has removed the "turrets" from the elevations and the maximum height is now 40 feet. PLANNING AND ZONING COMMISSION: The Commission recommended approval of both applications with staff stipulations at the August 26, 1999 Commission meeting. The Commission reviewed the latest submittal from the applicant and shared the same concerns about the three-story element on the independent care facility. The Commission had strong concerns with the cut and fill waivers than did staff. However once the Commission examined the manner of the cuts and fills and the fact that the largest fill was on the interior of the project, the concerns were reduced. The 19-foot cut on the west side was of lesser concern, as the cut removes a mound, which may have been created by illegal dumping prior to the Town's incorporation. RECOMMENDATION: The Planning and Zoning Commission recommends approval of SU99-04 & CFW99-05, Special Use Permit to permit a group care/nursing home and a cut/fill waiver, subject to the following stipulations: 1. The independent care facility shall not exceed 30 feet in height 2. The cut/fill exhibit shall be resubmitted showing a maximum cut of 19 feet and a P&Z Commission Report SU99-04, CFW99-05 Fountain View Village September 2, 1999 Page8of8 �r maximum fill of 19.5 feet at the skilled nursing facility and showing a maximum cut of 15.5 feet and a maximum fill of 16 feet at the assisted care facility. 3. Cut/fill slopes shall utilize retaining walls per Chapter 5, Section 5.11.C. 4. Provide concrete valley gutter at all pavement locations where slope is less than 1%. 5. Show all proposed grading contours along Avenue of the Fountains. Steepen fill slope to 2:1 to keep dirt off curb area. 6. Provide containment of surface water runoff from the Hillside Preserve area and drain to the east (cannot drain over slope to Safeway Store). 7. Relocate drainage culvert under the proposed driveway to a low point and direct water to the 20' drainage easement within Lot 2. 8. Revise site plan to maintain open access to prior approved and existing drainage structures. There is a minimum of 38 cfs (10-year storm) being intercepted at this drainage structure. There may be more flow than 38 cfs because the corner drainage area is also draining to this structure. This drainage needs to be intercepted and discharged into existing 48" pipe. 9. This project is to use prior approved landscaping plans from the approved Town Center I plat. 10. Provide Type M-2 driveways as shown in the MCDOT Standard Driveway Details. Project on-site driveway aisles to be 26' minimum width. 11. Show proposed sewer and water lines to each building. Will there be any public sewer main lines on site? 12. Require a Final Drainage Report to be submitted with the replat and/or building permit process. This report is to comply with all preliminary drainage comments and include a site specific drainage map exhibit; calcs and details (for hydrology and hydraulics); and calcs for sizing of all drainage pipes, catch basins, etc. w� �tk TOWN OF FOUNTA . HILLS / COMMUNITY DEVELOPMENT DEPARTMENT Li ! _ Date Filed 711 fri 'i Fee Paid cp Accia-,13 0..cfs e to _ Type of Special Use Requested G erior L) Iyc Co ra G 4,141,A9 o. i A�i*ecl cd. 'k4eeA Loom, uv1,0-5 Address of Subject Property Zoning C. Legal Description: ft� � i Block Lot(s) Applicant �,� Day Phone SAANiam View \1 Ic, L Lc- .(4c )-49.9-2800- Addres ' o N JQt ��,i_ __ i--� �'y� City S ZiP I�� Owner f• , Day Phone �Q View i V1 . LLC. C4z) •4ts -28co Address" I'y 5 u kor 45(0,441.L ter City STM, Zip, t4,1 Signature of Owner I HEBY AUTII4ORIZE(Please Print) Date ��'1"• TO FILE THIS APPLICATION. 7/1 /431 Subscribed and sworn before me this , day of , 19 My Commission Expires Notary Public (Seal) Please Provide the Following (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 3 full size prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. 3. 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. (4611, TFH Case Number Fee Schedule Attached u 9n ,°/ ouwv :o� i � x = TOWN OF FOUNTAIN HILLS v ,,�' COMMUNITY DEVELOPMENT DEPARTMENT low Date Filed 7' , l 6 1 Fee Paid y� Accepted By 6 1I.LJ 9Th Subdivision Name Subdivider/Developer r^ 1t \Vw V1Ila (Owne or Rep.. Name) (Firm Name) Address Day Phone 11 O&' 1\11th+SoleiG 61rr — , .Z00 (40z)-413—2 oo City V yV1cl.l►e . ST NE. Zip cp8's Planner/Engineer A- ue.A4C51n EAstvteetVL ) 12�1��r� AWD)(4-v�1 (Planner/En er Name) (Firm Name) Address Day Phone City , �t �'X ST Zip ^1 Parcel Size(in acres) Proposed Number of Lots Lot Number(s)Affected 18 4- I 2. Maximum Depth of Cut(in feet) Maximum Depth of Fill (in feet) JIP ci w`v 6 5e-2_, 1)Yrti JA/A-a S Please include the following (attach additional sheets): 1. A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation. 2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to keep the degree of cuts and/or fills in excess of 10 feet to a minimum. (e' If application is being filed by an agent of the owner, please complete the following shaded section. Stgnatu p`fo-s,n y a 1 "f 9 #7/: • ' . r '' , , �� } � , r � N � 3 3� � � �_ � � .�" k ,� '� �. � �Y sit,; i � � rr,?� . • �4' : `I a o- - ' i---,,1 5 sir y ''s "<. s ..s a w v 7- 4,-„ �? �. �. � ��,�. s �r fie; , ,�r.. � � $ �6 4€`.r,,� 'a a ,er�, ... Lie : aa ,_ - r .; z , e w roy w ,.. ' . f e.a .1. �3 Y �s.� y °� 'T ff a rm� , . ` v r' af a .. n l g y 4T - i ax4 �ada�w,-A, 44^"t< ., %:: .r • j9'aw ea�; y: °"� :Dti�s x. §y TFH Case Number Fee: $300 .' devenney aa 1 0 C Architects Q Programmers•Planners FOUNTAIN VIEW VILLAGE A SENIOR LIVING CAMPUS anyo 9 ` �'..�.� fi 0 ��4 fEP'1ENT • �u K 1. IT .weS ' ' s f /� { ,i . .-)r ..,..._•,,_.---..rr .- ---: * ..- 4 4 . -- 17:' - , -- ; 1 4 ni[ I. t ...h _.' 1 r sue { 1 1 • wtlt8 .4 %' �, ,(y�_ S a lam". 1 r rr' . • tiq,k 71 r �1 tee / st y1 h s+^^ s' r .tyw ' v 'dam"' '� -^ ^'-Y. r'" w.ti s -').,1, _ 1 . -` t' 11 L s Li 99- 6 `i PURPOSE The purpose of the special use permit is to allow the development of a 90 unit Independent Living Facility, a 90 unit Assisted Living Facility and a 64 bed Skilled Nursing Facility. In order to combine the facilities we are requesting the deletion of the current lot line between lot 1 and lot 2. We are requesting a curb cut on the Avenue of the Fountains as that will be the location of the main entrance. We are also requesting two additional curb cuts on Avenida Vida Buena for secondary entrances to the senior campus. Due to the unique terrain of the site, we are requesting a cut and fill waiver for the site. DESCRIPTION OF FOUNTAIN VIEW VILLAGE Fountain View Village will be a Senior Retirement Community. It will consist of three distinct areas that address the continuum of care for Senior Citizens as they age in place. The three components are an Independent Living Facility(ILF), an Assisted Living Facility(ALF) and a Skilled Nursing Facility(SNF). Following is a description of the three components that will make up the campus. Independent Living Facilities are age restricted to 65 years of age. This complies with HUD fair housing regulations and allows us to not serve any client under the age of 65. Although the minimum age is 65, residents in an ILF range in age from 70 to 102 with an average age of 79. Approximately 35 —40% of the clients do own cars. The ILF does provide transportation services and the majority of the cars are just "looked at" and in actuality, the children have not been able to get mom or dad to give up that last bit of independence. Clients contract with the ILF in the form of a Client Contract. This contract delineates the services that the ILF will provide and runs on a month to month basis. Unfortunately, at this age some clients are subject to failing health and may have to move on to a higher level of care facility. There are two distinct concepts of ILF's in the industry currently. One philosophy is to have the client buy the unit and pay a monthly assessment. The second is a month to month scenario. The uncertainty of our client's changing situation reinforces Fountain View Village's philosophy of not selling the units. One of the key services provided in the ILF setting is the Life Enhancement Program. It is intended to encourage an individual to embark on a journey of self—development, self-discovery, learning and healing. Adjunctive therapies in the Life Enhancement Program can include, but are not limited to,the following: out-patient rehabilitation services, exercise classes, nutritional support, herbal therapies, functional medicine, meditation, relaxation, massage and hypnotherapy. The Life Enhancement Program includes preparation of nutritional meals served in the central dining room. Seniors in this age group not living in an ILF setting typically develop bad dietary and nutritional habits. Another important segment of the Life Enhancement Ciro Program is physical activities. Seniors in the ILF setting are provided with structured physical activity programs. Physical activities for clients in this age group aid in keeping themlr UNTAIN HILLS mobile and work on their range of motion, which is extremely important. JUL 131999 COMMUNITY DEVELOPMENT DEPARTMENT The staff of the ILF are constantly working with the clients. The staff provides housekeeping Niery services and structured social activities. The staff, in conjunction with the ILF's Activities Directors, provide weekly social activities such as High Tea, special dinner parties, arts and crafts, cards, and planned excursions into the community. The demographics of our clients are expected to be heavily weighted to the female side of the population. It is typical that a group of four or five of the ladies and one of the staff will go on shopping trips, museum tours,bowling and a few of the more adventurous will steal away to the local casino to play the nickel slot machines. Another important segment of the Life Enhancement Program is the spiritual needs of our clients. We have a Chapel on site and have representatives of the various faiths visit the facility for services on a scheduled basis. Although transportation to the client's church is provided, a lot of our clients find the Chapel services very rewarding and attend often. In addition to all the services described above, the clients have access to the"emergency call system". If one of the clients has a problem and needs assistance, all she or he has to do is touch a button on a medallion that they wear or carry with them. The staff is alerted by a pager tied into the central computer system and is immediately told which client is in trouble and where they are located in the facility or on the entire Campus. The residences in the ILF will include a living room, kitchen and their choice of a one bedroom, one bedroom with a den or two bedrooms. Although two bedroom units, the majority of our residents in the two bedroom units are single occupants. They fmd the additional space, after moving from their home of many years, an added feature. Assisted Living Facilities (ALF) are designed to address the needs of clients that move to the next levels of care. The average age of a client in an ALF is 83 years of age and need assistance with Activities of Daily Living (ADL). 4% - 5% of ALF clients own cars and seldom drive. The services provided in an ILF are augmented to meet the additional needs of clients in the ALF. Clients contract with the ALF in the form of a Client Contract. This contract delineates the services that the client will require and is based upon an assessment performed by the Registered Nurse and then a determination of services is defined in a meeting with the client, the registered nurse and the family of the client. Assessments are done on a regular basis and the staff is trained to observe any changes in the needs of the client. The basic services include three meals per day(the clients residences do not have kitchens, but they are provided with kitchenettes which include a refrigerator and microwave oven), housekeeping, transportation, structured activities, and the life enhancement program. Three additional levels of service will be available, and include such typical ADL's as medication = rn gi reminders, dressing, and bathing. cn o The residences in the ALF will include a living room, kitchenette and their choice of a one o bedroom, one bedroom with a den or two bedrooms. Sisters or families occupy some two c W bedrooms where one or both of the clients have a need for the ADL program. �z c The Skilled Nursing Facility(SNF) will have a component for meeting long-term care needs of the community. In addition to the long-term care concept, the Skilled Nursing Facility will include a rehabilitation component that will include occupational, speech and physical therapy ikirr services for more sub-acute, short-term episodic conditions. Seniors, as well as individuals younger than 65 years of age, can be treated in this setting for the short-term before return to the community. Individuals with joint replacements,joint repair or who are recuperating from injuries or surgery will be able to recover in a state of the art facility. The fmal component of the SNF will be devoted to the needs of those with memory loss deficits. The SNF will offer the same management philosophy and amenities as the ILF and ALF, hence making the transition through the continuum of care, a less frightening experience. The residences in the SNF will include 10 units with two beds and 44 units with one bedroom. The units all will have a private bathroom. RELATIONSHIP TO SURROUNDING PROPERTIES Multi-family and undeveloped and developed commercial retail areas surround the property. To the north of lot 1 is the Palisades Plaza, at the corner of Palisades Boulevard and Fountain Hills Boulevard, containing a large Safeway grocery store and retail strip mall. To the north of lot 2 are 2 undeveloped commercial property that has frontage on Palisades Boulevard. A bank that has been bought out by a larger bank currently in this town center development owns one. To the east of lots 1 and 2 across Avenue of the Fountains is a 2 story multi-family townhouse complex with a retail strip mall to the north of that. To the south of lot 1 along Avenida Vida Buena is a future site of a church at the East End and an existing condominium complex on the west with the Mary Munde Walk between the two. To the west of lot 1 across Fountain Hills Boulevard is a large Multi-family apartment complex. LOCATION AND ACCESSIBILITY Lots 1 and 2 of Town Center 1 is bound by Avenue of the Fountains on the East Side, Avenida Vida Buena on the south side and Fountain Hills Boulevard on the West Side. To the north of the lots 1 and 2 are commercial lots that have frontage to Palisades Boulevard. The site has access on three sides, two to major streets and one a connector street. Access for visitors and emergency vehicles should be no problem with these major streets that border this property. Please see the Traffic study for more information on trips, etc. DEVELOPMENT SCHEDULE We propose to begin construction in late 1999 with a schedule completion planned for March of 2001. The construction schedule will all depend on completion of construction documents and the plan review by the town of Fountain Hills. Vintage Management hopes to have a marketing office open early spring of 2000. J Z W Cr) OI- CIRCULATION SYSTEM 'z o � aim The Senior Campus will have one main entrance off of Avenue of the Fountains with secondary , Z W L. entrances at the Independent Living Wing, the Assisted Living Wing, and at the Skilled Nursing Facility. All the entrances will be tied together with an interior street circulation that will allows for Senior Campus Transportation Vehicles (Le. Fountain Village Van), visitors, and service and delivery trucks to circulate through the campus with out going onto public streets. Walking paths through out the campus as part of the life enhancement program and public use will tie the buildings together and allow residents to enjoy the vistas and scenery that the site offers. The walking paths will be tied into the public sidewalk and allow for access to public transportation if desired. COMMUNITY FACILITIES AND SERVICES The Senior Center will be open to the public through special events to make the residents feel connected to the town and the town connected to the center. There will be a multi-purpose room available to the public for programs that would benefit the residents. The Senior Living Campus concept will provide the citizens of Fountain Hills the option of aging in place in a continuous care facility. This facility will allow residents to make friends within the village and maintain familiar surroundings while they advance in their care needs. The facilities will also provide a wide variety of employment opportunities to the citizens of Fountain Hills. PUBLIC UTILITIES AND SERVICES All necessary Public Utilities to the complex are available. At this preliminary stage it has not been determined exactly where services will enter the site, however the following are currently being evaluated for their use in this facility. 1. WATER: 8" line in Fountain Hills Boulevard 8" line in Avenue of the Fountains 8" line in Palisades Boulevard 8" line in Avenue Vida Buena 12" line in Palisades Boulevard 6" line west of lot (east edge of lot 2) 2. SEWER: 8" line in Fountain Hills Boulevard 8" line in Avenue of the Fountains 8" line in Palisades Boulevard 3. FIRE DEPARTMENT WATER: The site is well served with lines in the following streets: Avenue of the Fountains, Avenue Vida Buena, and Palisades Boulevard. There is also service in Lot 2 (rear). There are several hydrants that exist on the site as well. f 4. POWER: Available through Arizona Public Service. _ a 01 5. GAS: Available through Southwest Gas. C a 6. TELEPHONE: Available through U.S. West. t IS 7. CABLE TV and INTERNET: Available through Cox Communication. i 8. EMERGENCY SERVICES: Fountain Hills Fire station is located just North of the site on Palisades Boulevard. 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I iI # I TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council VIA: Paul Nordin, Town Manager FROM: Geir Sverdrup, Senior Planne DATE: August 27, 1999 SUBJECT: Consideration of an amendment to The Zoning Ordinance of the Town of Fountain Hills amending Chapter 5, Section 5.11.B Grading Standards of The Zoning Ordinance of the Town of Fountain Hills amending the requirements for grading on duplex zoned lots. At the request of Commissioner Combs, staff has prepared the following text amendment which was initiated by the Commission at the July 8, 1999 Commission meetingand recommended for approval by the Commission at the August 12, Commission meeting. At the meeting it was brought to staffs and the Commissions attention that the text needed one modification. This was to add non- before duplex in paragraph 2. As the intent of the proposed amendment was clear staff recommended that the Commission recommend approval with that addition. The amendment reinstates the practice of allowing duplex zoned lots to utilize four times the footprint for land disturbance calculations. The text includes the most recent proposed amendment to this section,. The proposed text amendment is double underlined. Chapter 5 Land Disturbance 2. Grading of Non Single-Family and Non-Duplex Zoned Platted Land. The area permitted to be disturbed on any non-single-family and non-duplex zoned platted land is unlimited on terrain sloping less than fifteen percent (15%). Disturbance on slopes equal to or exceeding fifteen percent (15%) is limited to the percentage equivalent to the "lot coverage percentage" prescribed in the zoning district. 3. Grading of Single-Family Residential and Duplex Zoned Platted Land. In all single-family and duplex residential zoning districts the extent of disturbance on platted land where the plat application was made and accepted by the Town or Maricopa County before November 3, 1996 shall be limited to the following: (Lots owned by utility companies which are regulated by the Arizona Corporation Commission are exempt from the lots disturbance limitations of this subsection). (a) Four (4) times the size of the footprint of the house or building, (including the pad for the house or building). Footprint means that area of the house or building measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carport, utility room, laundry, etc. %kw (including covered patios and breezeways which are an integral part of the roof structure of the house or building). A twenty (20) foot wide band of primary driveway access is excluded from the land disturbance area limitations. If a residual area remains after computing the allowed area of disturbance of a lot or parcel, and any the following conditions apply, the Community Development Director, or his designee, may allow the property owner to disturb all or a portion of residual area. 1) The residual area of the lot or parcel was previously permitted to be disturbed during subdivision construction. 2) There are no significant areas of native vegetation to be preserved. 3) There are no rock outcrops or significant topographical features to be preserved. 4) All adjacent property owners were permitted to disturb property adjacent to the residual area. There shall be no waiver of residual area by the Community Development Director, or his designee, which: 1) Contains rock outcrops, significant topographical features, significant native vegetation or 2) Abut land dedicated in any form as non-disturbance or open space, such as wash parcels, native open space tracts, hillside protection easements, or other non-disturbance areas on privately owned land, etc. L TOWN OF FOUNTAIN HILLS ORDINANCE 99-25 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING CHAPTER 5, SECTION 5.11.B OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE REQUIREMENTS FOR LAND DISTURBANCE ALLOWING DUPLEX ZONED LOTS TO UTILIZE THE "FOUR TIMES THE FOOTPRINT RULE" TO CALCULATE HILLSIDE DISTURBANCE. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning ordinance; and WHEREAS, Public hearings were advertised in the June, 28, August 4, 11,18, 25, and September 1, 1999. editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on August 12, 1999 and the Mayor and Common Council on September 2, 1999. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. The Town of Fountain Hills Zoning Ordinance, Chapter 5 Section 5.11.B of the Zoning Ordinance of the Town of Fountain Hills Shall be amended by amending the requirements for land disturbance allowing duplex zoned lots to utilize the "four times the footprint rule" for calculating Hillside Disturbance as shown in Exhibit"A". PASS/F'IL `1 " a - •TION - cam SECOND .t COUNT f-E- r� L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 2nd day of September, 1999. FOR TH TOWN OF FOU TAIN HILLS: ATTESTED TO: CA.4,14-t-AZI )..L4,. .i Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk RE W BY: APPROVED AS TO FORM: '))/. . tL,-:c4, : ' -c,_-,_(:, - in, nager William E. Farrell, Town Attorney L illow Ordinance 1999-25 Page 2 of 3 EXHIBIT"A" Chapter 5 Land Disturbance 2. Grading of Non Single-Family and Non-Duplex Zoned Platted Land. The area permitted to be disturbed on any non-single-family and non-duplex zoned platted land is unlimited on terrain sloping less than fifteen percent (15%). Disturbance on slopes equal to or exceeding fifteen percent (15%) is limited to the percentage equivalent to the "lot coverage percentage" prescribed in the zoning district. 3. Grading of Single-Family Residential and Duplex Zoned Platted Land. In all single- family and duplex residential zoning districts the extent of disturbance on platted land where the plat application was made and accepted by the Town or Maricopa County before November 3, 1996 shall be limited to the following: (Lots owned by utility companies which are regulated by the Arizona Corporation Commission are exempt from the lots disturbance limitations of this subsection). (a) Four(4)times the size of the footprint ... L Ordinance 1999-25 Page 3 of 3 Chron 232 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Ma and Co /it FROM: ndy rr rel i1 THROUGH: N din DATE: ugust 7, 1999 RE: Blackbird Drive, 30-day Test Closure Staff had received several complaints about speeding traffic on Blackbird Drive. Traffic speed and volume counts indicated the following: Estimated "cut-through" volume 800 vehicles/day Traffic speed— 85 percentile 38 mph 50 percentile 32 mph Posted (local street 25 mph Engineering and Marshal's Department staff met with the residents on May 11, 1999. The residents in attendance unanimously requested to test a street closure at Boulder Drive. The residents circulated a petition and obtained signatures from the required 75% (25 of 33 lots) of the neighborhood. A listing of the signatory residents is attached. Staff memo, neighborhood map, sample petition, and preliminary signage plans are also attached. Since sending the memo, the Fountain Hills Fire Department has responded, and has requested an openable device in the test closure, but is otherwise okay with it. Staff is bringing the neighborhood petition forward for consideration by the Council of the requested 30-day test closure. At the neighborhood meeting, the Town Engineer stated that he favored testing less dramatic measures rather than immediately jumping to testing a full closure. The test closure is likely to be very effective in reducing both the high cut-through volume and 85th percentile speed; however, it will cause a substantially longer route (up to 0.7 miles) for traffic on Boulder currently using Blackbird. bb att. cc: Pat Harvey Tom Ward Steve Gendler Scott LaGreca Ken Martinez Harry Weaver/Blackbird Blackbird Drive 30 Day Test Closure.doc Blackbird Drive: 30-day Test Closure Signatory Residents Listing Name Number Street Phone Lot# Plat and Block Zbigniew 15210 N Blackbird Drive 602-314-4799 6 Plat 429,Block 1 Slechta,Eugene J 15220 N Blackbird Drive 816-1835 7 Plat 429,Block 1 Davis,Donald S 15249 N Blackbird Drive 816-4623 1 Plat 429,Block 2 Feller,Raymond S 15229 N Blackbird Drive 837-2632 2 Plat 429,Block 2 Decker,Vanieta&Bill 15478 N Blackbird Drive 837-8750 1 Plat 505-A,Block 4 Smith,Ronald 15460 N Blackbird Drive 837-1554 3 Plat 505-A,Block 4 Meyer,Mary 15452 N Blackbird Drive 837-2696 4 Plat 505-A,Block 4 Sullivan, Kay 15444 N Blackbird Drive 837-1632 5 Plat 505-A,Block 4 Iwhwicki,Gerald 15434 N Blackbird Drive 837-9254 6 Plat 505-A,Block 4 Cola,Don 15426 N Blackbird Drive 7 Plat 505-A,Block 4 Posilippo,Reno 15420 N Blackbird Drive 837-8660 8 Plat 505-A,Block 4 Urban,Bruno 15412 N Blackbird Drive 837-2905 9 Plat 505-A,Block 4 King,Terrence 15406 N Blackbird Drive 661-1400 10 Plat 505-A,Block 4 Woodford,L B 15252 N Blackbird Drive 651-770-9522 11 Plat 505-A,Block 4 Weaver,Harry E 15244 N Blackbird Drive 837-2299 12 Plat 505-A,Block 4 Rockwell,Edward C 15236 N Blackbird Drive 837-5247 13 Plat 505-A,Block 4 Olszewski,Demis 15230 N Blackbird Drive 816-1565 14 Plat 505-A,Block 4 Zuanetti,Gary 15473 N Blackbird Drive 816-0860 21 Plat 505-A,Block 5 Lineman,Joan 15613 N Audubon Place 810-939-4725 25 Plat 505-A,Block 5 Gerlach,Kurt&Connie 15605 N Audubon Place 837-1730 26 Plat 505-A,Block 5 White,J.Lori 15447 N Blackbird Drive 837-7266 28 Plat 505-A,Block 5 Schaeken,Henk 15439 N Blackbird Drive 321-1736 29 Plat 505-A,Block 5 Zimiles,Herbert 15429 N Blackbird Drive 816-9644 30 Plat 505-A,Block 5 Clarke,Philip 15423 N Blackbird Drive 837-7595 31 Plat 505-A,Block 5 Smith,Jim 15411 N Blackbird Drive 837-3211 32 Plat 505-A,Block 5 L Blackbird Residents.xls Chron 145 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Blackbird Neigh od esi e s FROM: Randy L. Harre t C� DATE: May 24, 1999 RE: Blackbird Drive Traffic Calming—Test Closure Engineering and Marshal's Department staff met with the residents of Blackbird Drive on May 11, 1999, regarding their traffic calming needs. Traffic counts on Blackbird Drive in February 1998 indicate: Total Traffic Volume 1100 Vehicles/Day Estimated Neighborhood Traffic Volume 300 Vehicles/Day Traffic Speed 50%-ile 85%-ile Eastbound (downhill) 36 mph 40 mph Westbound (uphill) 28 mph 36 mph Combined 32 mph 38 mph Possible traffic calming measures discussed included: • Park a police car on the block • 25 mph speed limit signs • No truck signs • "Children at Play" signage • Stripe a double yellow centerline • Speed hump(s) • "Island"at Boulder Drive blocking and prohibiting eastbound traffic • Street closure at Boulder In accordance with the Neighborhood Traffic Management Process, the Town will fund approved, appropriate, cost effective measures where specific criteria are met. Blackbird Drive meets the following criteria for Town-funding of traffic calming measures: • 85th percentile speed of 38 mph (exceeds the 37 mph criteria) • Cut-through traffic of 800 vehicles per day on a local, residential street (exceeds the 500 vpd criteria). After considerable discussion, the residents consensus was to seek a street closure. The Town Engineer stated he favors a less drastic traffic calming program, such as speed limit signs, double yellow centerline stripe, speed humps, or an eastbound island restriction at Boulder Drive—reserving a street closure as a last resort. However, the residents unanimously requested to test the street closure option. The following steps will need to be taken for the test closure: • Residents circulate a petition and obtain 75%signatures from residents or owners of the 33 properties in the Blackbird neighborhood (total-25 lots owners/residents signatures) as shown on Blackbird Drive Test Closure.doc Page 1 of 2 Chron 145 the attached drawing. Signatures from Lots 1 and 21 of Block 5 of Plat 505-A (at the Boulder Drive ,, intersection) are required since the closure will occur at their frontage. • Review by Public Safety agencies and Council approval of the 30-day test closure, to be installed as shown on the attached drawing. • Traffic volume and speed counts will be taken before, during, and after the test closure. Then, if the test closure was satisfactory, residents will need to: • Circulate a petition to make the closure permanent, obtaining the same signature level and criteria. • Get Public Safety agency and Council approval of a permanent closure plan. bb att. cc: Honorable Mayor& Council Paul Nordin Pat Harvey Tom Ward Marshal Gendler Ken Martinez Asst. Chief LaGreca L L Blackbird Drive Test Closure Page 2 of 2 ` �\ 4 / 1 _,_. 'Xµ�;' `` \a� ' >� to ,, \\ ,�n 4- Rcexv / /i CONCRETE OR WATER—FILLED BARRIES. WITH '--__ E4cF0' t ; ) 'c - ,,,_/ . RED ON BLACK END OF ROAD MARKERS AT�� '' ,.� ;. "' AT 6' O.C., & R BOTH SIDES. jt 7i0 a� \ i/ %" ' ,----c 00000 GI , x .. _-i 1 000 CLOSED 14 �'± �� I 18"x18" R 11-2, 48"x30" y es ..._�.. ;. 1 1 `C A). ;FF,:1 A• �:2\ \ , d ,�0 V. I, i, gyp / p ...... .." A ,e, \ , , , , 5--,:18,\:, -/i -2.--,, . , , \ s\<,:\ ,,‘‘, ,,,,,,,, -,-,-,,,,-,,,.:: .....,":"./hs• .c.,. ".,..:1777's,‘,:::71\17±1 4, k, :15.1TANK y , `•\. lt ;, .\ /' r 'I%'' / t' I BLACKBIRD "NEIGHBORHOOD" LIMITS . i' - "":;' • l o ot>; -y \ ` t t �Q' EF =I{. �, � ' , z.7`1_ r 2� y, t F[ 2 J,. 1- ' / ,.../.'PT i c j�\.� '�lK �< I r DRAT .j\ I, ri 4 �r s .-_ '4 \` LDS 4fiy �17�71�fa `±�Q1i �: , '` CHURCH -ty/- \ i \ t`.r: ,J x J III II! """ ., > l.,` CHRIST'S <'' I a- - i �( \ / `�. CHURCH 11 ' I s R,g I CS,S 1�� f.. T ..� 1d \` GOLDEN �.IS I � !i < � �> EAGLE I �< < ' � i7.tr � ,; : _,,, ,,, ,I \ PARK I ' a"`, 3°• ,: ' � � %� `a. ) t .?' t;il"11", II `� 9y s t:i <r.,� R... " k V . a��gg. .��1�q ( 7J W 11 J. .PJJ117J:a131 ,11 i i �� y�ti��Y�sy �� #FAIN 8ll ENGINEERING DEPARTMENT kat, 0Sri y/ 13124 i �I� N BLACKBIRD DRIVE ., k.t' RANDY L. S-- �= PROPOSED TRAFFIC CALMING '1 HARREL r NORTH , `�`�o r,I�`�j4• f ''v�i,,► 30-DAY TEST CLOSURE SCALE: 1":600' ti;�� f\��PrN� K• DRAWN BY: KJV CHECKED BY: KJV/RLH a 4.,, SCALE 1'-800' DATE: 5-28-99 l PETITION TO MODIFY THE TRAFFIC FLOW ON BLACKBIRD DRIVE BETWEEN BOULDER DRIVE AND AUDUBON PLACE BY THE INSTALLATION A 30-DAY TEST CLOSURE AT BOULDER DRIVE DATE: May 24, 1999 Before you sign this petition, know what you are signing! It is recommended that you first read the Town's Neighborhood Traffic Management and Calming Process. We, the undersigned Residents or Owners of the area shown on the attached map petition the Town to do a 30-day test closure on Blackbird Drive as shown on the attached drawing. (Note: Blackbird Drive meets the adopted criteria for the Town to fund appropriate, cost effective traffic calming costs.) All persons signing this petition do hereby certify that they represent a Lot or Property within the area impacted by the proposed traffic flow changes as shown on the attached map. circulated by: Phone: ( ) SIGNATURE PRINT NAME PRINT STREET ADDRESS,ZIP PHONE# TOWN OF FOUNTAIN HILLS E:\Petitions for Traffic Calming\Blackbird-Audubon Petition.doc N * " 4 ROCKY( //,; i CONCRETE OR WATER—FILLED BARRIES, WITH sTREET �� v A RED ON BLACK END OF ROAD MARKERS AT �Fe; I AT 6' O.C., & , BOTH SIDES. .00000 000 CL R 11-2, 48"x30"I 18"x18"— , v 1n • fnc�hy uRT C vv 1 d l�\ 0- I • 43 • ''- 26 ','-''. -' cl, 4'94? ,t<4.16:sig•.,/ ,‘et, t. 011111ftem\ TAN � ; , , BLACKBIRD "NEIGHBORHOOD" LIMITS \ � 3d a xI'�P o A J o , � SY sr/' �i 37 '4;iC/ / '3' ,'-'. ,\'\'5,',1i4,„ L?,' 2' ;2 i 1-1,, ; ; . i . ' RVE » ,. LDSYb �\ � R►yP➢ry�� 4• d 1 CHURCH ' -/'''7' # 5 ., 11Ix4r / ""rr.,"�..... "t` .....�/ � .,, CHRIST'S1 :f s u 5 :0:4,:,.,..:,, :rr i3-la: ti \'‘`r.: .-,•-•,--i.,..,,.,,.„..,,,::.---,,,.,1 CHURCH „ iR i xz _7 GLDN 0 E ` EAGLE �� F r i y RN N�/D�E _ PARK I {271—\) r y °� 9‘ess in, , 7J�l�`1 J JJ;17�11i1 11J �C1‘f�CAp�� i- ��N ill ENGINEERING DEPARTMENT (bate 0 %fg G 13124110 rN 1,1, ) BLACKBIRD DRIVE <L=.F RANDY L. P� -.,' PROPOSED TRAFFIC CALMING �� HARREL . r NORTH `t`o '4v6t,, ` 30-DAY TEST CLOSURE SCALE: 1"2800' . :,.�!RlePbC' ` DRAWN BY: KJV CHECKED BY: KJV/RLH �\r f je ""< 4 ` SCALE: T.600' DATE: 5-28-00 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Geir Sverdrup, Senior Planner REVIEWED: Jeffrey Valder, Community Development Director THROUGH: Paul L. Nordin, Town Manager DATE: August 27, 1999 RE: Hillside Protection Easement Abandonment/Dedication HPE99-01; Resolution 1999-45 located at 16208 N. SunRidge Drive aka Plat 515- Amended, Lot 26 This item on the Town Council's agenda is a proposal to abandon 913.94 square feet of a Hillside Protection Easement located north of the southern property line and accept the dedication of 2,377.47 square feet in the southeast corner of the lot of Lot 26, Plat 515- Amended (Please see attached exhibits). The property owners of Lot 26 desire build a swimming pool which requires a retaining wall to contain the pool area within eight feet of the current Hillside Protection Easement. The Community Development Department has reviewed the site to ascertain any issues in addition to the Town's general interest in the easement. It is the professional opinion of the Community Development Department that there is no need for the Town to abandon the existing easement. This lot has already abandoned a portion of the HPE to allow the sewer line to connect into the sewer main located in the wash. The area proposed to be dedicated will most likely stay in a natural state whether the town takes action on this application or not. If the abandonment does not occur the applicant can still build his pool,just not in the exact location or configuration as proposed. However, the proposed abandonment/dedication is at a rate of 1-2.6. The applicant proposes to abandon 911.94 sq. ff. and dedicate to the Town 2,377.47 sq. ff. The benefit of the proposed abandonment/dedication is that a large area of natural area with the potential for disturbance will be protected whereas a smaller area of existing protection will be disturbed. All affected Town departments have been notified of this abandonment proposal. cc: G:\Easement Memo\HPE Abandonment 515A Memo.doc Recorded Book FEE: $200.00 + $5.00 per Adjacent Property Owner Case No.:�k 91 9 _ P� DATE SUBMITTED: ;• c(ci Yr. No. FEE PAID: 140.0ze Ck# Not*:This is an application fee and is non-refundable. TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT APPLICATION Property Owner Name: /6 Z 3o N, Gj>r7�l��f�TZ P , g g Phone: — //'4-¢ //‹.- 6/c c / //1Uo, o 4 �k'•- Address of Subject Property: •�.��.4,,.J •y,L�.j, Az =s_� Legal Description: G7 # .� �, Pe -a; S A Please provide the following: Letters from the Utility Companies indicating no objection to the abandonment. A copy of your letter and map sent to the utility companies. A. Chaparral City Water Company B. Fountain Hills Sanitary District C. Salt River Project "'(See Reverse Side for Addresses) D. U. S. West Communications E. Cox Communications F. Southwest Gas (if applicable) Be sure the utility companies understand in writing and on a plat map highlighted, that you are requesting an EASEMENT ABANDONMENT • Names and addresses of all adjacent property owners and of properties possibly affected by the proposed abandonment. If a wash is located on the side/back of the abandonment, note that in your submitted documentation. When the above items have been submitted, a Town engineer will review the property relative to the drainage. If approved by the Town's Engineer, the necessary legal documents will be drafted and the application for easement abandonment will be placed on the next available Town Council agenda. The Town Council meets the 1`' & 3 Thursday of each month. A building permit can be issued upon approval of the abandonment by the Town Council. The Town will execute recordation of legal documents and a copy will be forwarded to you. E:\Easement Abandonment Application Fomi.doc 5/21/99 Woodrel Industries, Inc. P.O. Box 17840 • Fountain Hills, Arizona 85269 • (602) 816-1144 • Fax (602) 816-1 133 • (800) 411-0541 August 20, 1999 Jeffrey W. Valder Community Development Director Town of Fountain Hills PO Box 17958 Fountain Hills, AZ 85269 Dear Mr. Valder: Per our meeting this morning, along with this letter, I am enclosing one drawing showing the proposed pool, one exhibit showing the hillside protection easement release, one exhibit showing the hillside protection easement dedication, the names and addresses of the adjacent property owners and an explanation of why we would like to modify the H.P.E. I am the builder of the new house being constructed on Lot 26 in Plat 515A. I've sold the house and the new buyers want the pool as shown on the submitted drawings. At the time we designed the pool, we didn't know that the Building Department required that you stay 8' away from the H.P.E. line with any vertical wall. This is the reason why we are requesting that you modify the H.P.E. The 8' modification is for construction purposes only. We have no intention of building in the 8' area. Per our exhibit, the 8' area has been replaced on the same side of the lot. Thank you for your help with this matter. If you have any questions, please call me at my office at 816-1144 or on my mobile (602)402-9996. Sincerely, Tony Woodrel president 4 enclosures 4p99.oJ L ADJACENT PROPERTY OWNERS Plat 515A, Lot 23 Property Tax#176-21-564 William D. and Pamela Varanse 60 Derbyshire Drive Cranston, Rhode Island 02921 Plat 515A, Lot 25 Property Tax#176-21-566 W. Martin and Norma Wilson 8174 E. Rita Drive Scottsdale, AZ 85255 EXHIBIT`B" •a`�/ �o°4 ce 21549DAD Hillside Protection Easement Release MONTMGO R. GOMFAY °•��8-0—)) •: Fountain Hills Final Plat 515-A, Lot 26 aeon,...•• 441ZOHA,u.6'*. A part of Fountain Hills Final Plat 515-A, Lot 26 as recorded in Book 409, Page 26, and dockets 99-0069104 and 99- , Maricopa County Records,Maricopa County, Arizona, more particularly described as follows: Parcel 1 Commencing at the Southwest corner of said Lot 26; Thence North 14 degrees 36 minutes 58 seconds East along the West line of said Lot 26 a distance of 57.03 feet to the True Point of Beginning; Thence North 14 degrees 36 minutes 58 seconds East along said line of said Lot 26 a distance of 8.00 feet to a point; Thence departing said line South 77 degrees 11 minutes 42 seconds a distance of 26.01 feet to a point on the East line of an existing H.P.E.; Thence South 14 degrees 36 minutes 58 seconds West along said line a distance of 8.00 feet to a point; Thence departing said line North 77 degrees 11 minutes 42 seconds West a distance of 26.01 feet to the True Point of Beginning. Containing 207.84 square feet,more or less, subject to all existing easements. Parcel 2 Commencing at the Southwest corner of said Lot 26; Thence South 77 degrees 11 minutes 42 seconds East along the South line of said Lot 26 a distance of 45.50 feet to a point on the West line of an existing H.P.E.; Thence departing said South line of said Lot 26 North 15 degrees 04 minutes 55 seconds along said West line a distance of 57.04 feet to the True Point of Beginning; Thence North 15 degrees 04 minutes 55 seconds East along said West line of said existing H.P.E. a distance of 8.00 feet to a point on the North line of said existing H.P.E.; Thence South 77 degrees 11 minutes 42 seconds East along said North line a distance of 83.97 feet to a point on the East line of said existing H.P.E.; Thence South 33 degrees 07 minutes 50 seconds East along said East line a distance of 11.50 feet to a point; Thence North 77 degrees 11 minutes 42 seconds West departing said East line a distance of 92.55 feet to the True Point of Beginning. Containing 706.10 square feet, more or less, subject to all existing easements. Hillside Protection Easement Release LINE TABLE Fountain Hills Arizona Ll Final Plat 515-A 8.00' N 14'36'58" E Lot 26 N 77 50,35„ L2 W 10 8 95, 26.01' Ij ID"' 77'11'42" E S 14'36 58 W � L3S / \ /44 G, si\s".1.2. di II. CC 21549 L4 v MONTGOMERY 26,01' a�ve.e.. .::: \ 44.1joNa,u 6"P. 10 L5 0 11.50' a. S 33'07'50" E Lot 26 L6\ 8.00, N 15'04'55" E t,// PARCEL 1 1 AREA TO BE 1 z I RELEASED PARCEL 2 \ L2 4 :: T2 E EXISTING,--) 4./ -4; ''.-7--- -.':::.:.:.:::::.::::::K:.:..::.:.:::.:.—:.:.:.:: , .:.:.: `" N o , 1142 :::::>>s;::.._is H.P.E. -� iC- /- o 9255, .` 1 L`' o. oo s� 1S:C r 25.48 ;- \o ». 1 \ i S7.h1'42» 753. 71' � - 20.02' \ . :_\A \ EXISTING HILLSIDE - 261.21 PROTECTION EASEMENT +UPE 99- 0) L EXHIBIT"B" Hillside Protection Easement Dedication Fountain Hills Final Plat 515-A, Lot 26 A part of Fountain Hills Final Plat 515-A, Lot 26 as recorded in Book 409, Page 26, and dockets 99-0069104 and 99- , Maricopa County Records, Maricopa County, Arizona, more particularly described as follows: Beginning at the Southeast corner of said Lot 26; thence North 77 degrees 11 minutes 42 seconds West, along the South line of said Lot 26, a distance of 8.89 feet to the True Point of Beginning; thence continuing North 77 degrees 11 minutes 42 seconds West, along said line of said Lot 26, a distance of 53.11 feet to the intersection of said line of said Lot 26 with a line of an existing Hillside Protection Easement; thence departing said line,North 33 degrees 07 minutes 50 seconds West, along a line of said easement, a distance of 53.93 feet to a point; thence departing said line, South 77 degrees 11 minutes 42 seconds East, parallel with the South line of said Lot 26, a distance of 73.66 feet to a point; thence South 13 degrees 05 minutes 00 seconds East,parallel with the East line of said Lot 26, a distance of 41.69 feet to the Point of Beginning. Containing 2,377.47 square feet, more or less, subject to all existing easements. `oNebna/ '`ten Ariq 21549 DAVID R. MONTGOMERY •9sl. ••• I. 4 ZONA,V S L r9?- Oof Hillside Protection Easement Dedication Fountain Hills Arizona '1 %''`'c 'A �� r____ Final Plat 515-A DAVID R. MONTGOMERY • Lot 26 N >>. °•,,e-o-» 50'35 w '1vr.e..... OS 95 S"1jONA,U.•'. o :n11 Q / 1Z 1 o / `s 0 0 Lof / Lot 26 \ ) 1 � O EXISTING HILLSIDE cl-\'5) , PROTECTION EASEMENTS 26•01 o - )Lr r<j N 7 '42 - '-• o 92.55' w ccP \`4.0 krr "' ao ts'o� 73 1 2548 -`<:::; :N77 42„4 Z, '` w 26/ 217- `>: N77'11'42"W j3,71T -~ 8.89 cy H.P.E. AREA When recorded, return to: (ow*Dommunity Development Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1999-45 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN HILLSIDE PROTECTION EASEMENT AS DESCRIBED IN EXHIBIT "A" AND ACCEPTING THE DEDICATION OF 2,377.47 SQUARE FEET AS DESCRIBED IN EXHIBIT "B"OF LOT 26, OF PLAT 515 AMENDED FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 409 OF MAPS, PAGE 26, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, hillside protection, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All affected Town departments have received notification of the proposed abandonment/dedication; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain hillside protection easement, located as shown in Exhibit A of Plat 515 Amended, Lot 26, Fountain Hills, Arizona; as recorded in book 409 of maps, page 26 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. SECTION 2. That the certain hillside protection easement, located as shown in Exhibit B of Plat 515 Amended, Lot 26, Fountain Hills, Arizona; to be recorded at Maricopa County, Arizona; are hereby declared to be dedicated to the Town of Fountain Hills. Resolution 1999-45 P6;AIL — — Page 1 of 2 M©fiI +N - f ctoNf --�__-- PASSED AND ADOPTED this 2nd day of September 1999. flow ATTEST: FOR THE TOWN OF FOUNTAIN HILLS )ditivt4-.J4 Cassie B. Hansen, Town Clerk aron org Mayor EVIE D BY. / APPROVED AS TO FORM: 3K6/.4,„ r P I L. in, own Manager William E. Farrell, Town Attorney Resolution 1999-45 Page 2 of 2 L Resolution 1999-45 Exhibit "A" w,.bn, e 21549 ` Hillside Protection Easement Release O R MONTMGOMERY %•8-1d-•• •• Fountain Hills Final Plat 515-A, Lot 26 " •,.. 44''OMA•u r A part of Fountain Frills Final Plat 515-A, Lot 26 as recorded in Book 409, Page 26, and dockets 99-0069104 and 99- , Maricopa County Records,Maricopa County, Arizona, more particularly described as follows: Parcel 1 Commencing at the Southwest corner of said Lot 26; Thence North 14 degrees 36 minutes 58 seconds East along the West line of said Lot 26 a distance of 57.03 feet to the True Point of Beginning; . s. Thence North 14 degrees 36 minutes 58 seconds East along said line of said Lot 26 a distance of 8.00 feet to a point; Thence departing said line South 77 degrees 11 minutes 42 seconds a distance of 26.01 feet to a point on the East line of an existing H.P.E.; Thence South 14 degrees 36 minutes 58 seconds West along said line a distance of 8.00 feet to a point; Thence departing said line North 77 degrees 11 minutes 42 seconds West a distance of 26.01 feet to the True Point of Beginning. Containing 207.84 square feet, more or less, subject to all existing easements. Parcel 2 Commencing at the Southwest corner of said Lot 26; Thence South 77 degrees 11 minutes 42 seconds East along the South line of said Lot 26 a distance of 45.50 feet to a point on the West line of an existing H.P.E.; Thence departing said South line of said Lot 26 North 15 degrees 04 minutes 55 seconds along said West line a distance of 57.04 feet to the True Point of Beginning; Thence North 15 degrees 04 minutes 55 seconds East along said West line of said existing H.P.E. a distance of 8.00 feet to a point on the North line of said existing H.P.E.; Thence South 77 degrees 11 minutes 42 seconds East along said North line a distance of 83.97 feet to a point on the East line of said existing H.P.E.; Thence South 33 degrees 07 minutes 50 seconds East along said East line a distance of 11.50 feet to a point; Thence North 77 degrees 11 minutes 42 seconds West departing said East line a distance of 92.55 feet to the True Point of Beginning. - Lie Containing 706.10 square feet, more or less, subject to all existing easements. r Resolution 1999-45 Exhibit "A" Hillside Protection Easement Release LINE TABLE Fountain Hills Arizona Ll Final Plat 515-A 8.00' Lot 26 N 77. N 14'36'58" E 50',35" w L2 p$ 95, 26.01' -CD S 77'11'42" E 1(8 0' �(;;;;;;;; t.. ..: °�- \ S 14'36'58" W :n11 a 21549 • • � DAVID R L4 Q MONTGOMERY \ 26.01' / °•, cp,—(9—».. z N 77'11'42" W I 44ZONA.U�P a L5 / 0 11.50' �= L6 S 33'07'50" E Lot 26 ,,. \ 8.00' N 15'04'55" E `` PARCEL 1 / AREA TO BE \ z/ RELEASED PARCEL 2 \e) L2 4 t—V Q`N:' 2 E::..... EXISTING Zo - , 77'1 42 ;::::::::;; is H.P.E. '', '�" o/ ? 92.5 ' oLO ^ 5 0_ G� u� O O \� \ 25 48 ;. - . (Pl Off.s \ \� S 77.,,I .''"..••••• 1 5 3 7 1' \-<(‘ - \ \rn 20.02' EXISTING HILLSIDE - 267-17-,------_,AA Lv PROTECTION EASEMENT • Resolution 1999-45 Exhibit "B" Hillside Protection Easement Dedication Fountain Hills Final Plat 515-A, Lot 26 A part of Fountain Hills Final Plat 515-A, Lot 26 as recorded in Book 409, Page 26, and dockets 99-0069104 and 99- Rvfaricopa County Records,Maricopa County, Arizona, more particularly described as follows: Beginning at the Southeast corner of said Lot 26; thence North 77 degrees 11 minutes 42 seconds West, along the South line of said Lot 26, a distance of 8.89 feet to the True Point of Beginning; thence continuing North 77 degrees 11 minutes 42 seconds West, along said line of said Lot 26, a distance of 53.11 feet to the intersection of said line of said Lot 26 with a line of an existing Hillside Protection Easement; thence departing said line,North 33 degrees 07 minutes 50 seconds West, along a line of said easement, a distance of 53.93 feet to a point; thence departing said line, South 77 degrees 11 minutes 42 seconds East, parallel with the South line of said Lot 26, a distance of 73.66 feet to a point; thence South 13 degrees 05 minutes 00 seconds East, parallel with the East line of said Lot 26, a distance of 41.69 feet to the Point of Beginning. Containing 2,377.47 square feet, more or less, subject to all existing easements. • - • 21549 DA DR " I MONTGOMERY 441zona,%/6 P